Aventura Family Law

Enforcement Action

An enforcement action is started with the filing of a petition or motion for enforcement and finding of contempt of an existing support order.  Such actions may involve a spouse or parent who has failed to pay child support, a spouse who has failed to pay alimony, including arrearages, attorneys fees “in the nature of support” or a spouse or parent who is failing to comply with court ordered timesharing or the requirements of a parenting plan.

When a party disobeys a court order or judgment, his or her compliance may be obtained through the court’s contempt power.  A civil contempt is where conduct constituting contempt of court is directed at the right of another party.  A criminal contempt is conduct directed against the dignity of the court.  In such an instance, the court may punish the offense on its own motion.  When the offense is in the presence of the court, the court may punish the offender contemporaneously.  Such contempt may also be raised upon the sworn motion of a party or by affidavits in accordance with the Florida Rules of Criminal Procedure.  When appropriate courts use the coercive power of incarceration to obtain compliance with certain family court orders.

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3590 Mystic Pointe Drive
Aventura, Florida 33180
Phone: (305) 940-4000
Fax: (305) 940-0940

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