How Common Are Contempt of Court Charges in Family Law?

Contempt of court is a serious legal tool used to enforce compliance with court orders. While it is an important tool, it’s not always the first step the legal system takes. If you believe your ex-spouse should be held in contempt of court for missed payments, talk to a Port St. Lucie family law attorney about what penalties may be involved and whether alternative solutions can prove more effective.

When Are Contempt of Court Charges Issued?

Should a parent fail to make child support payments, it not only affects the custodial parent’s ability to meet a child’s financial needs but also constitutes a breach of a court order. Family courts take this issue seriously because child support is designed to ensure a child’s well-being and stability.

While contempt of court is possible in some cases of unpaid child support, it’s not the most common course of action. Courts typically exhaust other enforcement options before resorting to contempt charges.

• Wage garnishment. The court can order that child support be taken directly from the non-paying parent’s paycheck, ensuring regular payments.
• Property liens. Courts can place liens on property or assets owned by the delinquent parent, making it harder for them to sell property or access funds.
• License suspension. For those who persistently evade child support, Florida law allows courts to suspend driver’s, professional, and recreational licenses until payments resume.
• Tax refund interception. The court can order that any tax refunds due to the delinquent parent be applied to unpaid child support.

Should non-payment be persistent, intentional, or accompanied by a refusal to cooperate with court orders, contempt charges may follow. Courts are generally reluctant to use contempt as a first step, as other measures tend to be more practical in securing payment without the added complication of legal proceedings.

Can Contempt Charges Apply to Unpaid Alimony?

Yes, an ex-spouse who fails to make alimony payments can also be held in contempt of court. The enforcement mechanisms for unpaid alimony are similar to those for child support. Courts may order wage garnishment, property liens, or asset seizure to collect overdue alimony. If these methods prove ineffective, a court may escalate the matter.

In cases of alimony, as with child support, courts aim to secure the financial support rather than impose punitive measures that could further harm the paying spouse’s ability to fulfill their obligations. Contempt is therefore usually a last-resort measure if other options fail.

Before pursuing contempt, know that it’s often more fruitful to work with a Port St. Lucie family law attorney and explore other enforcement tools. Negotiating payment solutions may avoid the need for court intervention altogether. Often skilled lawyers can facilitate discussions that lead to more manageable payment plans or modifications to existing support orders.

Is the stress of not receiving court-ordered child support or alimony complicating your life? The attorneys at Baginski, Brandt & Brandt can guide you through various enforcement options and recommend the best steps based on your specific circumstances. Contact us today to schedule your confidential consultation.