Failing to Make Support Payments and Contempt of Court
Court-ordered support is a serious obligation in Florida. When payments aren’t made on time, the consequences can quickly become more than just financial. In some cases, the person failing to pay may be held in contempt of court, a legal finding that can carry steep penalties.
If you’re behind on payments, or dealing with someone who is, it’s critical to understand what contempt means. Should you be in this situation, working with a Port St. Lucie family law attorney is a smart step.
How Late on Payments Is Too Late?
Contempt of court refers to intentionally disobeying a lawful court order. When someone is ordered to pay support and repeatedly fails to do so, the court may find them in civil contempt. This isn’t the same as a criminal charge, but it can still result in serious consequences, including:
- Fines
- Garnishment of wages
- Suspension of a driver’s license
- Liens on property
- Jail in extreme cases
- Attorney’s Fees
The purpose of a contempt finding is not to punish, but to compel compliance with the court’s orders.
There is no specific number of days that automatically triggers contempt, but consistent late payments (or no payments at all) can result in legal action. When a payee is weeks or months behind, especially without communication or effort to catch up, it will almost certainly draw attention.
The other party (the one owed support) must file a motion to begin the process. Once filed, a hearing is scheduled where the court evaluates whether the person obligated to pay has the ability to pay and is willfully not doing so.
Should an individual be found in contempt, the court can order a variety of remedies. They may order an immediate payment of overdue amounts or establish a payment plan to catch up on arrears. There is also the possibility of incarceration until a certain amount is paid, as well as the obligation to pay for court fees and attorney’s costs.
Ignoring court-ordered support is never a good idea. Even if you’re struggling financially, it’s better to communicate and seek legal guidance than to let the situation escalate.
When Should I Talk to a Lawyer?
If you’re behind on payments, or if you’re owed support and not receiving it, have a conversation with a legal expert. A Port St. Lucie family law attorney can help you file or respond to a contempt motion and assist you in modifying the support order if your circumstances have changed. In short, your lawyer will protect your rights and advocate for a resolution.
Take action today. The longer you wait, the more serious the consequences can become. Whether you’re seeking enforcement or trying to avoid being held in contempt, professional legal support is key to navigating the court system effectively.
Are you upset that your ex is behind on support payments? Have a conversation with the experienced lawyers at Baginski, Brandt & Brandt. Once you’ve shared your story, your attorney can inform you of the best way to protect your interests and get your finances back on track. To schedule a consultation, simply reach out.
