Enforcement and Contempt

Family disputes involve resolving issues such as child support, alimony, parenting time allocation, etc.

The judge resolves the disputed family matter by issuing a court order, obliging one party to pay child support or alimony or to allow the other spouse to spend time with the children according to a parenting plan or previous court order. Refusing to comply with legal orders triggers specific legal consequences and gives the complying party right to enforce the prior court order. However, there is a difference between contempt and enforcement, and many parties are unclear about when they can file a specific motion.

Motion for Contempt

Contempt means refusing to comply with the court orders or rulings (for example, to pay child support, to pay the debt, or recognize certain rights).

In Florida, a party can file a Motion for Contempt when the other side fails to meet their court-mandated financial obligations (such as paying child support and alimony).

The legal consequences of being in contempt are different, ranging from fines to imprisonment.

Motion to Enforce

Unlike Motion for Contempt, a party can file a Motion to Enforce when their spouse refuses to obey the court order regarding equitable distribution.

In other words, failing to pay a fair share of marital debt, refinance a mortgage, or distribute proceeds from a retirement account gives the other party the right to file a Motion to Enforce. That enables the afflicted party to receive their share of marital property or enjoy other rights under the court’s ruling.

Scott A. Levine Can Help

Scott A. Levine is a Florida top-notch attorney with decades of experience dealing with complex divorces. Well-versed in all aspects of family law and civil procedure, Mr. Levine can help you protect your rights by filing all available motions and pleadings.

Reach out today to schedule your confidential consultation.