Contempt
Contempt is a legal concept that denotes the refusal to follow a legal order, mandate, or decree issued by a judge. This situation can often involve defying a judge’s ruling during a trial, such but not limited to, disregarding instructions not to introduce irrelevant facts, or failing to make required child support payments.
There are two main types of contempt: civil and criminal.
The first is civil contempt. This type of contempt is typically used to compel compliance of a party with a previously entered a judicial order or decree. For instance, if a judge orders an individual to pay child support or alimony and they willfully refuse despite having the means to do so and have willfully chosen not to pay, the judge may order the party to pay a purge amount within a certain time or they may face jail time until the payment is made.
The second is Criminal contempt, which serves a different purpose, aiming to punish a party for failing to comply with a court order. This comes in two forms: direct and indirect. Direct contempt occurs in the immediate presence of the court, such as repeatedly mentioning embarrassing facts that a judge has ruled irrelevant. In contrast, indirect contempt happens outside of the court’s presence, like for instance trying to pay off the opposing counsel.
If you have been awarded support payments by the courts but are not receiving them, the Lungarelli Law Firm can work on your behalf and request that the court to hold the non-compliant party in civil or criminal contempt.
Enforcement
Unfortunately, A judge’s legal ruling doesn’t always mark the end of a case. Sometimes, despite being ordered to pay child support or alimony, a party still may fail to comply. Or, there is the potential that they might refuse to adhere to an equitable distribution decree.
To address this, Florida law grants judges continued jurisdiction over such cases, ensuring compliance with all rulings. When necessary and in certain situation, a Florida judge can enforce monetary judgments, garnish wages, place liens on property, or suspend professional and driver’s licenses to impose compliance.
