Recent Posts in Contempt Category

With the onslaught of celebrity coverage surrounding Mel Gibson's recorded telephone rants, many divorce clients have asked whether it is legal to record their spouse or ex-spouse's telephone conversations.  The answer depends on several different factors and often varies on a case by case basis.

The general rule is, no, unless you obtain express consent.  Florida wiretapping laws are complex and can carry criminal or civil punishments if violated.  In situations where your spouse would have a reasonable expectation of privacy, it is not proper to record your spouse's telephone conversations without permission.  I typically recommend always obtaining permission from your spouse or ex-spouse before recording any telephone call or communication.

However, there are several exceptions to this general rule, that would require an in-depth analysis of the facts and circumstances of your family law case. 

Contact your expert Tampa family law attorney to discuss whether these exceptions apply to you and your case.

We previously discussed in this space that, under Florida family law, the court can order one or both parties to a child time-sharing plan post a surety bond.  The purpose of this is to prevent one of the parties from fleeing the state with the children in an attempt to hide them.  We outlined some of the circumstances under which the court might order a bond.  What happens once one party posts a bond and what are the funds used for if the court orders the bond forfeited?

Florida family law states that the court can order the bond forfeited once it finds a material violation of the time-sharing plan by removing the child or children from the state or otherwise attempting to conceal their whereabouts.  It then gives three specific examples of how these funds are to be used:  1) to reimburse the non-violating parent costs associated with enforcing the terms of the plan, 2) to locate and return the children, and 3) to reimburse reasonable fees and costs as determined by the court.  This last item seems to give the court fairly wide discretion in covering expenses incurred by the non-violating parent.

Bottom line:  Always consult with an expert Tampa family law attorney to make sure the terms of your time-sharing plan are enforced as provided by Florida divorce law.

In a Florida child custody case, if the court sets a parenting plan designating timesharing rights for each parent and there is a reasonable and foreseeable risk that one parent may violate this plan or remove the child from the state or country, the court can take certain measures to ensure that this does not happen.

One of these measures is requiring the parent who is presenting the threat of violation to put forth a security or a bond.  This bond can be cashed in, either in part or in whole, upon the parent's violation of the parenting plan, depending on the decision of the court.  A family law court will first determine whether or not there is a need for a bond.  If there is a need, then the court will set the amount for the bond.   In Florida, a number of factors are taken into consideration when deciding this. 

One of these considerations is whether or not a parent has taken or threatened to take a child out of Florida or any other state in violation of an agreement.  For example, if a parent has previously violated a parenting plan by taking a child out of Alabama in a previous custody matter, there is a good chance that a judge may require a bond in the current Florida case.

Bottom line:  Your expert Florida family law attorney can guide you through the process of requiring a bond to protect your children.

Suppose that a Florida family law court has ordered that the other parent of your child must pay child support to you until your child reaches the eighteenth birthday.  What if the other parent, over the years, has steadily become farther and farther behind in payments and your child is approaching age eighteen?  Is it time to worry that you will never get your money?

In Florida, the law allows you to continue to collect child support from the other parent if there is a delinquency in the support due when the normal child support period ends.  Your expert Tampa family law attorney can ask the court to order the full amount to be paid from funds available to the other parent or order that the monthly regular payments must continue.

If there is a court order that the regular child support payments should be paid out of the other parent’s paycheck, the court can even order that the paycheck deduction continue until the child support arrearage is made up.

Bottom line:  Just because your child reaches age eighteen before all of the child support is paid doesn’t mean that you can’t collect it.

When there is a court order requiring someone to pay child support or alimony in a Florida divorce or paternity case, there are consequences for non-payment.  If you are involved in a court proceeding of this type, the first thing to keep in mind is that a court order is not just a suggestion.  It is a binding obligation requiring that the order be followed or that consequences shall occur.

If there is a delinquency in the payment of court ordered child support or alimony in your court proceeding, a paper will typically be filed with the court asking that the delinquent person be required to live up to the obligation or face those consequences.  If the person is not paying, the court will typically order the person to pay or to suffer a punishment.  If the person still does not pay, then the court can order that the person funds be garnished or that the person go to jail until the delinquent amount is paid.  In addition, the court can assess a further penalty against the person by requiring that the attorney’s fees of the enforcing party be paid.

Not all cases are subject to incarceration, however.  In order to send someone to jail for non-payment, the court must have proof that the person actually has the money to pay the amounts ordered.  So if someone is required to pay, but has no income or assets from which the order can be paid, then the court will fashion an enforcement order that persuades the delinquent person to pay what is available but which falls short of jail time.

Bottom line:  If there are alimony or child support payments which have not been made, contact your expert Florida family law attorney to ask what can be done in your case.

In a Florida divorce or paternity case, sometimes the person required to pay child support fails to pay.   When that happens there are a number of ways to punish the non-paying parent and inspire that parent to resume payments and make up any past missed payments.

In previous blog posts, we have discussed suspension of driver’s licenses and suspension of professional licenses as a means of punishing someone for non-payment of child support.   Of course, the most direct influence to pay child support is an order of contempt of court and requirement that the non-paying spouse go to jail by a certain date if the arrearages are unpaid.

The Florida Statutes provide that someone who is behind in child support payments may have that reported to a credit reporting agency.   It provides that, before reporting it to such an agency, the state would give the delinquent parent notice ahead of time and an opportunity to pay the delinquency current.   If it is not then paid current, then the agency of the state which keeps track of child support arrearages is free to notify all credit reporting agencies.

As with any unpaid debt, notification to a credit reporting agency has the effect of changing your credit rating and reducing your chances of obtaining a loan of any kind.   Before that happens, you may wish to consult your Tampa family law attorney to find out what you can do to avoid the harm you may be causing yourself.

Bottom line:   Failure to pay child support can seriously affect your lifestyle and may affect your freedom and your ability to borrow money.

If the other parent of your child fails to make timely child support payments, there are several ways that you can try to persuade them to pay.   The first thing that you can do is speak to your expert Florida divorce lawyer about filing a motion for contempt where you ask the court to hold the other parent in contempt of court.   There are a number of things that a court can do in that setting.   The first thing the court can do is require the delinquent parent to pay within a certain set period of time or else go to jail.  

After that, the court can also require that the various state licenses issued to the delinquent parent be suspended until the parent pays the child support current.   The most damaging penalty for most parents would be the loss of a driver’s license.   The court can go even further.   The state issues many other types of licenses.   The parent could have a license to practice medicine or law, a license to be an engineer or a contractor or school teacher.

A very inspiring penalty to persuade a parent to pay child support current is to take away the parent’s ability to earn a living.   In our experience, these types of orders are very persuasive and result in immediate payment of past child support amounts due.   Just imagine being faced with a choice of paying your child support obligation or losing your ability to make a living.   The choice is pretty clear.   Most people are not going to risk their livelihood when they can simply borrow some money to pay the support obligation up to date.

Bottom line:   If the other parent is behind in payment of child support, ask your expert Tampa divorce lawyer how to take the proper steps to make sure that the support is paid up to date.