Jacksonville Child Support Enforcement Attorney
Child Support Enforcement Lawyer Jacksonville, FL
Civil Contempt of Court
When one party refuses to comply with any provision of a court order, the other party may file an action for contempt and/or enforcement. There are both civil contempt actions and criminal contempt actions. A party’s refusal to comply with any provision of a final judgment may subject him or herself to civil contempt proceedings. There are different consequences for. If the noncompliance is willful and pertains to non-payment of child support or alimony, then the court may use its contempt powers and incarcerate the disobedient party. The court can not use its contempt power to impose incarceration if the payment is ordered to equalize the “equitable distribution” scheme of a final judgment. Instead, the court may enter an order of enforcement or enter judgment against the non-complying party. If the non-compliance pertains to the parenting provisions of a final judgment then incarceration is generally unavailable. The Florida court may sanction a parent for his or her misconduct if the evidence is sufficient to warrant a finding by the court that the parent’s actions constitute parental misconduct. If a parent wrongfully denies court awarded time-sharing to the other parent then the court will require make-up time-sharing. For questions about civil contempt or enforcement call a Jacksonville Child Support Enforcement Attorney.
Criminal Contempt of Court
Conduct that is calculated to embarrass, hinder or obstruct the administration of justice is punishable by criminal contempt of court. A respondent in a criminal contempt proceeding is entitled to the protections afforded a defendant under the Fifth Amendment Due Process Clause of the United States Constitution.
What Must I Prove in Court If I Am Not Receiving Child Support?
First, you must show the existence of a valid court order requiring the payment of child support.
Second, you must show that the other person has the financial ability to pay child support but refuses to do so. This can be done by demonstrating that the non-paying party, although unemployed, is living a lifestyle beyond the extent of the court ordered child support payment.
What Must I Prove in Court If I Am Not Paying Court Ordered Support?
First, you must show that you have no ability to comply with the court-ordered obligation. You must show that any loss of employment or income is involuntary or not your fault.
Getting the Help You Need – Call a Jacksonville Child Support Enforcement Attorney Today
If you need help enforcing court-ordered child support payments or other provisions of a final judgment, call an experienced Jacksonville Child Support Enforcement Attorney anytime at (904) 360-6100. Our attorneys are knowledgeable and compassionate.
Remember: for Family Law, choose Family Values.