Contempt & Enforcement

When a Court Order Is Not Being Followed

A final judgment, marital settlement agreement or family court order is intended to establish the parties' rights and obligations. Unfortunately, obtaining an order does not always mean the other party will comply with it.

When a former spouse or parent fails to follow a court order, enforcement proceedings — and in appropriate circumstances contempt proceedings — may be necessary.

At Barbra Amron Weisberg, P.A., we represent clients seeking enforcement of family court orders as well as clients accused of failing to comply with an order.

Enforcing Florida Family Court Orders

Enforcement issues can arise long after a divorce or family law case has been resolved. Common disputes include failure to:

The appropriate remedy depends on the nature of the obligation and the reason for noncompliance.

Contempt of Court

Contempt can be a powerful enforcement remedy, but not every violation automatically constitutes contempt.

In appropriate cases, the court may consider whether the person knew of the order, failed to comply with it, and had the ability to comply. In support enforcement proceedings, Florida law provides procedures for determining delinquent obligations and the ability to pay.

Depending upon the circumstances and the type of order involved, available remedies can include payment of arrearages, enforcement orders, income-related remedies, attorney's fees and other relief authorized by law.

Defending Against Contempt

There are also circumstances in which a person accused of contempt has legitimate defenses.

A substantial change in financial circumstances, ambiguity in the underlying order, inability to comply or a disagreement concerning what the judgment actually requires can materially affect an enforcement proceeding.