Contempt
Contempt and Enforcement Cases
The most common types of Contempt and Enforcement cases filed are related to Child Support, Timesharing (Visitation), Shared Parental Responsibility, Alimony, and Equitable Distribution. Contempt occurs when someone has violated or not followed a Court Order. Being found in willful contempt can have serious consequences.
Legal Representation
Our Law Firm provides strong and effective representation during Motion for Contempt/Enforcement proceedings. With over 40 years of experience in Family Law, our firm knows how to efficiently handle your case from start to finish, always fighting for our client’s best interests.
For additional information or questions regarding a Contempt or Enforcement proceeding, contact Attorneys at Law Joseph M. Corey, Jr., P.A. at (305) 557-1750 for a FREE Consultation. Payment plans available and credit cards accepted.
Contempt: Child Support
If someone fails to comply with a Court Order for child support, the Judge may order:
- Payment of a purge amount (money) to avoid jail.
- Incarceration.
- Suspension of the driver’s license.
- Payment of the other parent’s attorney’s fees and costs.
A Judge can find a parent in willful contempt if, for example, a parent earning $80,000 a year has a child support order of $500 per month and fails to make payments as ordered.
For additional information or questions regarding a Child Support Contempt proceeding, contact Attorneys at Law Joseph M. Corey, Jr., P.A. at (305) 557-1750 for a FREE Consultation. Payment plans available and credit cards accepted.
Contempt: Timesharing
If a Parenting Plan or Timesharing schedule has been approved by the Court, both parents are legally required to follow it. Contempt occurs when someone refuses to comply. The Judge may order:
- Make-up timesharing.
- Suspension or reduction of timesharing in severe cases.
- Counseling for alienation.
- Co-parenting counseling.
- Payment of the other parent’s attorney’s fees and costs.
For example, if a timesharing schedule grants a parent timesharing (visitation) every other weekend, but the other parent refuses to allow it, a Contempt action can be filed.
For additional information or questions regarding a Timesharing Contempt proceeding, contact Attorneys at Law Joseph M. Corey, Jr., P.A. at (305) 557-1750 for a FREE Consultation. Payment plans available and credit cards accepted.
Contempt: Shared Parental Responsibility
When a Court Order establishes Shared Parental Responsibility, both parents must consult and agree on all major decisions regarding their children (such as health, education, and religion). If one parent makes decisions without consulting the other, they may be held in willful contempt. The Judge may order:
- Co-parenting counseling.
- All communication between parents be via email.
- Granting the non-violating parent ultimate decision-making authority.
- Granting the non-violating parent sole parental responsibility.
- Requiring the violating parent to cover all shared child expenses.
- Payment of the other parent’s attorney’s fees and costs.
For example, if a parent enrolls or changes a child’s school without consulting the other parent, the non-violating parent may file a Motion for Contempt.
For additional information or questions regarding a Shared Parental Responsibility Contempt proceeding, contact Attorneys at Law Joseph M. Corey, Jr., P.A. at (305) 557-1750 for a FREE Consultation. Payment plans available and credit cards accepted.
Contempt: Alimony
When a spouse or former spouse willfully fails to pay their Court Ordered alimony obligation they can be held in Contempt. The Judge may order:
- Payment of a purge amount (money) to avoid jail.
- Incarceration.
- Suspension of the driver’s license.
- Payment of the non-violating party’s attorney’s fees and costs.
A Judge can find a spouse or former spouse in willful contempt if, for example, a spouse or former spouse earning $100,000 a year has an alimony obligation of $1,000 per month and fails to make payments.
For additional information or questions regarding an Alimony Contempt proceeding, contact Attorneys at Law Joseph M. Corey, Jr., P.A. at (305) 557-1750 for a FREE Consultation. Payment plans available and credit cards accepted.
Enforcement: Equitable Distribution
A Final Judgment or Marital Settlement Agreement generally outlines how assets and liabilities will be divided. If a party fails to comply, the non-violating party can file a Motion to Enforce or Motion to Compel. The Judge may order:
- Allowing the non-violating party to take control of the sale of an asset.
- Reducing a debt to a Judgment.
- Payment of the non-violating party’s attorney’s fees and costs.
For example, if the Final Judgment requires the marital home to be sold and one party refuses to cooperate, the non-violating party may file a Motion to Enforce/Motion to Compel or in some circumstances a Motion for Contempt.
For additional information or questions regarding an Equitable Distribution Enforcement proceeding, contact Attorneys at Law Joseph M. Corey, Jr., P.A. at (305) 557-1750 for a FREE Consultation. Payment plans available and credit cards accepted.