Post-Divorce Issues Such as Contempt Actions in Jacksonville Florida

Jacksonville FL Divorce Lawyer – Family Law Attorney

When you are involved in a dissolution of marriage proceeding in the state of Florida, you find that the system is constructed in such a way as to encourage an amicable resolution that both parties can feel comfortable with going forward. Florida does not allow fault as a ground for dissolution of marriage filing, so there is no incentive to point fingers and place blame. This helps to facilitate cooperation in most instances, so a large number of dissolution proceedings in the state go relatively smoothly and are resolved expediently. However, that can give one a false sense of closure, because post-divorce issues can and do enter the picture, and this is something that everyone should be aware of and plan for accordingly.

One type of post-divorce issue that frequently comes up is that of child support. When the amount is originally set via the Florida state guidelines, it is of course calculated based on the respective incomes of the former couple at that time coupled with the needs of the child or children. As the children get older and those needs multiply, and the former couple experiences income fluctuations, a modification of the amount of child support that is called for may become necessary. This is also true of alimony payments that can be modified if there is a substantial change of circumstances at some point in the future.

Modification of child support and alimony can be done voluntarily, or via an order of the court. But what happens if a court order is not complied with? This is a big problem in Florida and around the country, as some 25% of court ordered child support is never paid at all. One recourse that is commonly used to collect delinquent child support is a contempt action, and this can also be appropriate in other matters where a court order has been defied, such as a restraining or protective order or a custody or visitation matter. Contempt of court is a crime that can result in incarceration, but in financial matters surrounding a dissolution of marriage, the judge will usually give the individual who is delinquent a period of time to comply with the order before taking more draconian measures.

If you would like to know more about post-divorce issues such as contempt actions, the best course of action is to contact an experienced Jacksonville FL family lawyer.