Gainesville Contempt Cases
During the divorce process, a judge will rule on a variety of topics that both spouses must adhere to such as alimony, child support and child custody. Once these decisions have become finalized, they are considered to be a court order. If either party violates any of the established terms for any unjustified reason, the other party has the right to take legal action. Whether you wish to enforce court order or charges are being brought up against you, consult the divorce attorneys Gainesville, FL residents trust during these difficult times.
Consequences of Being Found in Contempt
Being found in contempt of court is a serious offense. As such, there are a variety of consequences the guilty party may face such as fines, jail time and compensation for the other party’s court fees. In order to prove that a spouse is in contempt of court, there must be evidence that they were aware of the court order, had the ability to comply but willingly chose not to or they had an invalid reason for not obeying the agreement. If the problem arises from failure to pay child support or alimony payments, you will have the opportunity to pay it back first. If you are unable or unwilling to do so, you will most likely face jail time until you can.
The purpose of being held in contempt is to force one party to uphold their portion of the court order. Therefore, the penalties given aim to make the guilty party give in. Typically, jail is a last resort and the threat of time behind bars motivates spouses to submit to the court order. If they do get sent to jail and post bail, this money is then used to repay the debt they owe. If the crime is related to child custody or visitation, the guilty party will most likely be forced to give up a few of their assigned days in order to make up for the time the children were supposed to be with the other parent.
What to Do If You Are Accused of Being in Contempt
Understandably, when it comes to divorcing a spouse and determining child custody, all parties can become emotional. If you mistakenly violated the court orders or disregarded them for a specific reason, you will need the best Gainesville divorce attorneys to defend you. Many people claim they were not aware of the court orders and hope the judge will be lenient. However, claiming ignorance will only frustrate the judge more. Instead, you will need to provide an adequate and reasonable excuse or begin taking actions to comply with the ruling. If you are unable to maintain child support or alimony payments because of a change in income, it is vital that you petition the court as soon as possible.
Florida Divorce Attorneys
At the Law Office of Silverman, Mack & Associates, we understand that all issues regarding child support, alimony and child custody can be highly stressful and emotional. We have put together a team of experienced divorce lawyers Gainesville, FL needs during times like these. If you believe your former spouse is violating the decisions made by a judge, we will fight for you and your children. If you are being accused of being in contempt of court, our team of Gainesville lawyers will help make your voice heard in court. Contact us today for any legal action following your divorce.