Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

When a person is held in contempt of a Florida family law order, what are the person’s remedies? A finding of contempt usually requires that the court make other findings supporting the conclusion that a person is in contempt of a court order. A challenge to a contempt order was an issue in the case Walker v. Wallace, 4D22-1665 (Fla. 4th DCA February 8, 2023).

This written case opinion does not provide background information about the case except that the former husband was found in contempt of the time-sharing provisions of a final judgment of divorce. He appealed this finding by attacking the trial court’s interpretation of the parenting plan.

The appellate court affirmed the order holding “Even if we considered the meaning of the marital settlement agreement, we would agree with the trial court’s determination in multiple orders that the agreement does set forth a time-sharing schedule to be followed. The agreement allows for its modification once the former husband ceases traveling for work, but modification of the agreement requires a court order, which the former husband has never sought. We conclude on this record that the court did not err in its order of contempt.”

The court also noted “[A] person found in contempt cannot challenge the contempt order on the ground that the underlying order was legally erroneous. See Abdo v. Abdo, 320 So. 3d 791, 794 (Fla. 2d DCA 2021) (noting ‘[p]roceedings charging contempt for failure to obey an order cannot be used as a method of reviewing the question of the sufficiency of the evidence to sustain the original action’); Cummings v. Cummings, 723 So. 2d 898, 899 (Fla. 4th DCA 1998) (stating ‘failure to comply with a court order may be addressed by the court even if the order is erroneous, provided the court is acting within its jurisdiction’).”

Schedule your meeting with a Miami family law attorney to discuss the specifics of your case.