LIFE PRESENTS UNEXPECTED CHALLENGES
OUR CONTEMPT AND ENFORCEMENT ATTORNEYS CAN HELP

The Court’s contempt powers, including incarceration, are only available under certain circumstances. Rely on experienced attorneys to know when contempt is a proper remedy.
— Angela L. Leiner, Shareholder

Tampa Contempt & Enforcement Lawyers

Court orders are supposed to mean something. When a parent, former spouse, or opposing party refuses to follow a final judgment, parenting plan, support order, discovery order, or attorney fee order, the damage can be immediate and serious. Missed support payments can create financial pressure. Withheld time-sharing can harm a parent’s relationship with a child. Ignored discovery orders can prevent a case from moving forward. Unpaid attorney fee awards can shift the cost of litigation to the party who was forced to seek court intervention in the first place.

At Mockler Leiner Law, P.A., our Tampa family law attorneys represent clients in contempt and enforcement proceedings throughout Tampa, Hillsborough County, and surrounding areas. We help clients enforce existing court orders, defend against improper contempt claims, and use the right legal remedy for the problem at hand.

Enforcing Parenting Plans and Custody Orders

Florida no longer uses the term “custody” in the same way many people still use it in everyday conversation. Most court orders involving children now address parental responsibility, parenting plans, and time-sharing. However, many parents still search for a custody enforcement lawyer when the real issue is that the other parent is not following the parenting plan.

Common enforcement issues include:

  • Refusing to exchange the child at the ordered time or location

  • Withholding time-sharing without a valid reason

  • Failing to return the child after time-sharing

  • Making unilateral school, medical, or activity decisions

  • Interfering with phone calls, FaceTime, or other parent-child communication

  • Ignoring holiday, summer, or long-distance time-sharing schedules

  • Relocating or changing a child’s school without proper authority

When a parent improperly denies time-sharing, the court may order make-up time, require the noncompliant parent to pay fees and costs, impose sanctions, or take other action necessary to enforce the order. In serious cases, contempt may be appropriate. In repeated or severe cases, the violation may also become relevant to a future request to modify the parenting plan.

We understand that not every parenting dispute should become a courthouse battle. But when one parent repeatedly disregards the court’s order, a strong enforcement strategy may be necessary to protect the child and restore stability. For related issues, please review our page on child custody and parenting plans.

Enforcing Child Support Orders

Child support is not optional. When a parent fails to pay court-ordered child support, the receiving parent may need immediate help collecting arrears and preventing future nonpayment.

Depending on the circumstances, enforcement remedies may include contempt, income deduction, payment through the state disbursement system, judgments for arrears, suspension of certain licenses, interception remedies, and other collection tools. The right approach depends on the amount owed, the paying parent’s ability to pay, the payment history, whether the support is being paid through the clerk or state disbursement unit, and whether the failure to pay is willful.

Child support enforcement cases often turn on proof. We help clients gather payment records, employment information, bank information, tax records, and other evidence needed to show what was ordered, what was paid, what remains due, and whether the nonpaying parent has the ability to comply.

We also defend clients accused of nonpayment where the contempt claim is legally improper, the amount claimed is wrong, the payment history is inaccurate, or the alleged noncompliance was not willful. For more information about support calculations and disputes, please visit our Florida child support lawyer page.

Enforcing Alimony Orders

Alimony enforcement can involve many of the same tools used in child support cases, including contempt, income deduction, arrearage judgments, and other remedies. But alimony enforcement can also involve complicated financial issues, especially where the paying spouse is self-employed, owns a business, controls cash flow, delays distributions, or claims an inability to pay while maintaining a lifestyle inconsistent with that claim.

We represent clients seeking to collect unpaid alimony and clients defending against contempt where payment truly became impossible. In some cases, the correct response to a change in income is not to ignore the order, but to seek a proper modification. A party who waits too long may face arrears, fees, and contempt exposure.

Our attorneys are experienced in both enforcement and financial litigation. We know how to evaluate income, cash flow, expenses, claimed inability to pay, and the difference between a real financial problem and a strategic refusal to comply. For related information, please review our pages on Tampa alimony and post-judgment modifications.

Enforcing Discovery Orders

Discovery violations can derail a family law case. In divorce, paternity, child support, alimony, and enforcement proceedings, parties often need financial records, bank statements, tax returns, business records, communications, and other documents to prepare for mediation, settlement, or trial.

When a party refuses to provide discovery, provides incomplete responses, ignores mandatory disclosure obligations, fails to attend deposition, or violates an order compelling production, the court may impose sanctions. Depending on the violation, sanctions may include attorney’s fees, evidentiary restrictions, adverse findings, striking pleadings, or other remedies.

Discovery enforcement is especially important in cases involving hidden income, business interests, disputed expenses, attorney fee claims, alimony, child support, and equitable distribution. A party should not be allowed to benefit from withholding the documents needed to prove the truth.

Our firm takes discovery seriously. We prepare focused motions, identify the specific order or rule violated, explain why the discovery matters, and ask for remedies that move the case forward rather than simply creating more delay.

Enforcing Attorney Fee Orders

Attorney fee orders are court orders. When a party is ordered to pay attorney’s fees or costs and fails to do so, the unpaid award may be enforceable through additional court action. In some cases, an attorney fee award can be reduced to judgment or enforced in the attorney’s name if the order allows payment directly to counsel.

Attorney fee enforcement can be important in family law cases because one party’s noncompliance often forces the other party to spend more money simply to obtain what the court already ordered. Courts may consider whether the noncompliant party had justification for refusing to follow the order and whether additional fees should be awarded for the enforcement proceeding itself.

We represent clients seeking to collect fee awards and clients defending against improper or overstated enforcement claims.

Defending Against Contempt

Not every violation of a court order is contempt. Contempt generally requires more than a technical mistake, misunderstanding, or inability to comply. The court will look at the order, the alleged violation, whether the order was clear, whether the violation was willful, and whether the accused party has the present ability to comply or purge the contempt.

We defend clients where the other side is using contempt as a litigation weapon, where the underlying order is vague, where the alleged violation did not happen, where compliance was impossible, or where the requested sanctions are excessive. A well-prepared defense can make the difference between a fair resolution and an improper contempt finding.

A Strategic Approach to Enforcement

The best enforcement strategy is not always the most aggressive-sounding one. Sometimes the fastest solution is a narrowly drafted motion to compel compliance. Sometimes a contempt motion is necessary. Sometimes the better long-term solution is a modification, a clarified order, a payment plan, mediation, or a request for sanctions.

Our attorneys understand the difference. We are willing to negotiate when negotiation can solve the problem, but we are prepared to go to court when the other party refuses to follow a valid order.

If you are dealing with unpaid support, denied time-sharing, ignored discovery, unpaid alimony, unpaid attorney’s fees, or repeated violations of a parenting plan, we can help you evaluate your options and choose the right enforcement remedy.

If you have questions concerning contempt or enforcement of a family law order, please call Mockler Leiner Law, P.A. at (813) 331-5699 or contact us online.

What we’ve achieved in Florida family law contempt and enforcement cases:

  • Successfully obtained a criminal contempt conviction where mother of teenage athlete continually refused time-sharing with father, and successfully defended the conviction on appeal.

  • Successfully obtained writ of bodily attachment in criminal contempt case for parental kidnapping

  • Successfully obtained writ of bodily attachment in criminal contempt case for non-payment of alimony and child support

  • Obtained a contempt order and sanctions against a federal civil litigation attorney.

  • Obtained writs of bodily attachment against non-compliant parties.

  • Successfully defended contempt actions over various parenting issues.

  • Brought contempt action and successfully resolved parenting dispute where mother made numerous unilateral decisions.

  • Successfully defended criminal contempt action for non-payment of alimony on technical grounds obtaining a complete denial of the contempt motion

  • Successfully brought contempt action where mother withheld time-sharing from active duty servicemember.

  • Obtained criminal contempt order against parent ignoring time-sharing order.

  • Brought enforcement action where former husband constantly called and harassed former wife.

  • Successfully resolved numerous contempt actions involving non-payment of support.