Close Menu
Protecting the Interests of Clients & Families Throughout Orange & Seminole County

Property Division Contempt Proceedings in Seminole County

FamLaw3

A final decree of divorce almost never ends a marriage dissolution matter. Generally, these orders should be legally modified every few years. Additionally, a motion to enforce the decree, particularly property division matters, is often necessary. That’s especially true following either default divorces or trial resolutions. Many respondents do not fully acknowledge the court’s authority in these situations.

Frequently, enforcement and contempt actions involve the failure to pay an assigned debt. Such refusal can have significant consequences for the innocent spouse, and these consequences often require legal remedies.

A Maitland contempt & enforcement attorney is often able to resolve contempt matters with a simple demand letter. If further action is necessary, contempt matters are rather easy to establish, provided that all the required legal groundwork is in place.

Contempt Elements in Florida

Generally, contempt has nothing to do with the ex-spouses’ feelings toward one another. Rather, contempt is a straightforward matter which involves the failure to obey a lawful court order. The specific elements are:

  • Clear and Unequivocal Order: The order to be enforced must clearly state what the respondent is to do, and when s/he is to do it. For example, policy statements like joint responsibility for health insurance are not enforceable by contempt. Rather, the order must plainly state the respondent’s financial obligations. For this reason, motions to clarify language often accompany motions to enforce the decree.
  • Actual Knowledge: If the respondent signed the decree, the respondent has actual knowledge of everything in that document. Actual knowledge, or willful blindness, may be inferred in other situations as well.
  • Intent: The respondent must have intentionally failed to comply. There is a difference between intentionally and maliciously. In this context, “intentionally” basically means “not accidentally.” If the order is clear and the respondent knew about it, intent is fairly easy to establish. It’s hard for respondents to argue accidental failure in these circumstances.

The movant must normally establish each element by a preponderance of the evidence (more likely than not).

Remedies Available

Generally, judges like to give wayward respondents the chance to make things right. That means creating new deadlines to vacate premises, allowing the respondent to make catch-up installment payments, and so on.

Such remedies are usually in the movant’s best interest as well. After all, most movants are not interested in punishing the respondent’s wrongful conduct. They just want the respondent to obey the court order.

Typically, contempt orders include probated sentences. If the respondent misses another deadline, the contempt provisions go into effect automatically. These provisions could include a financial penalty or even jail time.

Many contempt motions do not get this far. Most of them are settled out of court. These settlements usually include roughly the same provisions. However, if the respondent agrees to the contempt provisions, further enforcement proceedings are often not necessary. Voluntary compliance is usually rather high in these situations.

Connect with a Tenacious Lawyer

Property contempt motions are often a part of the divorce process. For a confidential consultation with an experienced family law attorney in Maitland, contact The Troum Law Firm, P.A. We routinely handle matters in Orange County and nearby jurisdictions.

Resource:

flcourts.org/content/download/403205/3457564/960.pdf

Facebook Twitter LinkedIn
Personable. Capable. Dependable.

"Abosolutely a great choice. There were no issues with communication. I was prepared for all possible outcomes. I saw where ever dime was spent ..."

- Marsha Wilson

"Mark and his team did exactly what they said they would do from the consult, to hiring him, to resolving ..."

- No Name

"Attorney Troum and his firm have been such a great help during a difficult time. I would highly recommend them"

- No Name

"Attorney Troum have been such a great help. Great communication with all individuals in the firm...."

- Christina Sepulveda

"I would definitely recommend him to others looking for a calm, professional, and experienced attorney."

- Former Client

"The Troum Law Firm is highly professional, hard working, and extremely knowledgeable"

- Anja

"Mr. Troum’s support staff is outstanding! I couldn’t have asked for a better team to work with."

- Divorce Client

"Mr. Troum and his staff were excellent."

- Paul

"Mr. Troum truly met my expectations."

- Tito

"Mr. Troum's experience, knowledge of the law and in-depth familiarity with the local court system is a huge asset to anyone looking for the best representation."

- Michael

"Many thanks for helping me throughout the entire divorce process. This attorney comes highly recommended!"

- Divorce Client

"Mark gave good advice, was a good ally and enabled me to move forward with peace."

- Former Client

"I am very pleased with everything Mr. Troum has done for me. If you need someone, who will get the job done Mark Troum is your attorney."

- Rey

"I have recommended him to friends and family and highly recommend him to anyone looking for an excellent attorney."

- Domestic Violence Client

"The firm was detailed and effective in resolving my case. I would highly recommend them."

- Lori

"I have recommended attorney Mark Troum as well as continue to recommend him to anyone who wants a fair, just, determined, personal, great attorney!!"

- Former Client

"I would highly recommend Mr. Troum and his team to anyone who wants things to be done according to the law."

- Reina

"Mr. Troum is a superb attorney and is everything that most lawyers aren't....when you get him....you get the best! Thank you, thank you, thank you.....for caring and helping me to go forward in my life."

- Lynda

"Mr. Troum and his staff walked me through every single step of it and continued to fight until he got us exactly what my children and I deserved."

- Former Client
More Testimonials