by Robin Roshkind, Esquire, West Palm Beach, Florida
In Palm Beach County divorce cases, there is very often a spouse who feels above the law. When a court order comes down in the case, it is simply defied, ignored, or only partially complied with. This usually happens when there is a “know it all” attitude of the spouse in question.
It is up to the offended spouse to file a motion for contempt against the offending spouse. Needless to say this happens more often than judges would like. Intentional defiance of a court order translates to willful contempt of court, which is punishable.
If the spouse has the ability to comply with the court order, and simply chooses not to by defiance, ignoring it, or stalling, the court will set a hearing to determine if there is willful intent or simply an inability to comply.
Punishment for willful or intentional non compliance with a court order is often a monetary sanction and/or a fine, including the payment of the other party’s attorneys fees and costs. Punishment could also be the court’s striking of the offending party’s pleadings, or in extreme cases, incarceration, which most often happens with intentional non payment of child support.
For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at www,.familylawwpb.com for more information.