Jacksonville Divorce Modifications: When a Final Decree Isn’t Final

Family Law Matters can become very stressful and intense. Many times, this stress and heightened feelings can extend past the final judgment and dissolution of marriage. In some cases, one party may decide that they will not follow the court order, and you need to contact the Parra Harris Law to help you determine a plan of action to ensure that all of the final orders of the court are followed.

Contempt

Contempt is the willful violation of a court order, mandate or decree. There are two different kinds of contempt – Civil Contempt and Criminal Contempt. Civil Contempt is typically used in issues arising from family law matters. In these cases the court can use contempt to coerce a party into coming in compliance with a court order. If a party is not paying attorney’s fees or child support and the court finds that there is a willful disregard for the order the court can use means to bring the party into compliance, including incarceration.
If you are facing a contempt charge or if you are seeking help through a contempt charge, it is important to consult an experienced and qualified attorney. The attorneys at Parra Harris Law are ready to help you make the right decision to help you in your time of need.

Enforcement

After a court delivers a final judgment regarding an issue, the court has the ability to enforce its ruling if one of the party’s violates the order or judgment. In family law matters often a party violates an order requiring him or her to make child support or spousal support payments or comply with a final judgment in a divorce case. In order to enforce an order or judgment the Florida courts have the ability to enter a monetary judgment for vested arrearages, garnish the violator’s wages, place a lien on the violator’s property, and to suspend a violator’s professional and/or driver’s licenses.

If you are owed money for any type of support or as a part of a final judgment, and you have not been paid as directed by the court, contact the Parra Harris Law to discuss your particular situation and to develop an enforcement plan that applies to your final orders.

Modification

A final decree in a dissolution of marriage is not necessarily final. Sometimes, circumstances change after a final divorce decree, and you might need to revisit the final order and request a modification. It is common for divorces that include child support stipulations and alimony stipulations to be modified several times.

Some of the changes that might warrant modification are:

  • Child Support Modification: We can help mothers or fathers with requests to increase or decrease child support obligations.
  • Custody/Timesharing Modification: Modifications to child custody can be requested, particularly if there is neglect of child abuse. It can also be altered because of a change in circumstance or a relocation issue.
  • Visitation Modification: Changes in work schedules or issues that require a request for supervised visitations or issues involving relocation can warrant a request for visitation modification.
  • Alimony Modification: We have extensive experience in alimony/spousal support modification requests.
    Under recent changes in Florida Law, alimony can be reduced or terminated when a former spouse is living with a person as if they were married.

At Parra Harris Law, we have the experience and the track record that you can count on. We will review your case and if it is deemed appropriate we will file a Petition for Modification on your behalf to have the provisions in your old decree changed.

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Contempt & Enforcement in Florida FAQs

What is "contempt of court" in a family law context in Florida?

In Florida, contempt occurs when a person willfully disobeys a valid court order despite having the ability to comply. It is the court’s formal way of enforcing its authority. In family law, this typically arises when a party stops paying support, refuses to adhere to a court-ordered timesharing schedule, or ignores specific directives in a Final Judgment.

What is the difference between a Motion for Enforcement and a Motion for Contempt?

While both are legal tools to address non-compliance, they serve slightly different purposes:

  • Motion for Enforcement: This asks the court to compel the other party to follow the order. For example, if you were denied timesharing, the court may order “make-up time” to compensate for the lost visit.
  • Motion for Contempt: This is a more serious request, often reserved for willful and ongoing violations. It asks the court to punish the violator to compel future compliance. Under Florida Statute § 61.14, the court can impose significant sanctions if it finds that the party had the present ability to pay support or comply with the order but chose not to.

What are the consequences of being held in contempt?

If a judge finds a party in contempt, they have broad discretion to impose sanctions designed to force compliance, including:

  • Attorney’s Fees & Costs: The court may order the non-compliant party to pay your legal fees incurred while bringing the enforcement action.
  • Coercive Fines: Financial penalties meant to encourage compliance.
  • Wage Garnishment: Direct deduction of support payments from the non-paying party’s paycheck.
  • License Suspension: Suspension of driver’s, professional, or recreational licenses for unpaid support.
  • Incarceration: In cases of civil contempt, a judge may order jail time until the party complies (this is known as having the “keys to the jail cell” because the party can secure their release by fulfilling the court’s requirements).

Do I have to prove the violation was "willful"?

Yes. To successfully pursue a motion for contempt, you generally must establish three things: (1) a valid court order existed, (2) the other party had knowledge of the order, and (3) the party willfully failed to comply. If the other party claims they were unable to comply (e.g., they truly lost their job and had no assets), the burden of proof may shift to them to prove this inability to pay or perform (Florida Statute § 61.14(5)(a)).

Can I file a motion for contempt myself in Florida?

While forms are available through the Florida Supreme Court, contempt proceedings are highly technical. They require formal service of process, specific evidentiary standards, and strict adherence to the rules of procedure. Filing incorrectly can lead to your motion being dismissed or delayed. An attorney at Parra Harris Law ensures your motion is drafted with the necessary legal specificity to give you the best chance of a favorable court ruling.

What should I do if my ex-spouse violates our parenting plan?

If your co-parent is not following the schedule:

  • Document everything: Keep a detailed log of dates, times, and instances of missed timesharing or communication.
  • Communicate in writing: Attempt to resolve the issue via email or text to create a record of your efforts.
  • Avoid escalation: Do not engage in hostile or retaliatory behavior, as this can undermine your case in court.
  • Consult an attorney: Contact our firm to review your parenting plan and determine if an enforcement motion is the appropriate next step.

What if I am the one accused of contempt?

If you have been served with a Motion for Contempt, do not ignore it. Failing to appear at a properly noticed hearing can lead to a “Writ of Bodily Attachment,” which is effectively a civil arrest warrant. Contact us immediately so we can help you gather evidence of your compliance efforts or address any legitimate reasons for your inability to comply.

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