Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can a party’s failure to pay ordered attorney’s fees in a Florida family law case be addressed by a motion for contempt? This was an issue in the case Martinez v. Martinez, 3D22-177 (Fla. 3d DCA March 8, 2023).
In their final judgment of divorce, the former husband was awarded primary residential custody of the parties’ child, and the former wife was ordered to pay child support. When the former wife failed to pay, motions for enforcement and contempt were entered against her resulting in the entry of money judgments against her that awarded the former husband attorney’s fees and costs. A writ of garnishment was entered for these amounts which was eventually dissolved because the appellate court affirmed that such a writ was not available as a remedy to collect a final judgment of attorney’s fees.
The former husband then filed a motion for contempt on the unpaid attorney’s fees and costs. The former wife argued contempt was not a remedy available to the former husband because his motion did not concern payment of support. The court, in reviewing the prior opinion of the appellate court in the case about the writ of garnishment, declined to hold a hearing on the motion and solicited the guidance of the appellate court. The former husband then filed a writ of mandamus with the appellate court seeking to have the trial court hold a hearing on his motion for contempt.
The appellate court held “Here, the trial court declined to hold a contempt hearing or otherwise address or adjudicate the merits of Former Husband’s motion seeking contempt sanctions against Former Wife for failure to comply with the court’s prior sanctions orders. We hold, under the circumstances, the trial court’s failure to exercise its discretion constitutes reversible error.” The court continued “Without belaboring the issue, Florida law is clear that the trial court had the authority to address the merits of Former Husband’s motion and, if appropriate, exercise its broad discretion and contempt power as necessary to enforce its two prior orders awarding attorney’s fees. Those attorney’s fees were awarded by the trial court as sanctions for Former Wife’s conduct in post-dissolution proceedings involving timesharing, parental responsibility and decision-making, as well as her failure to pay child support.”
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