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BOARD CERTIFICATION 2023 > ENFORCEMENT & CONTEMPT > Flashcards

ENFORCEMENT & CONTEMPT Flashcards

1
Q

Can a party be held in contempt for nonpayment of debt not involving support

A

NO

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2
Q

Can court hold party in contempt for failure to pay spouse pension payments

A

No - pension is an asset, not support.

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3
Q

Does the court have contempt power to compel compliance to perform acts besides payment of money?

A

Yes, 12.570 - to force signature of title, deed or transfer documents such as mortgage

WHEN THE ACT AT ISSUE DOES NOT INVOLVE PAYMENT OF MONEY, TRIAL COURT MAY ENFORCE PROPERTY DIVISION THROUGH CONTEMPT

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4
Q

Can court issue writ of bodily arrest for future noncompliance with alimony

A

NO - cannot issue civil contempt for incarceration based on future anticipated noncompliance with court’s periodic support order

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5
Q

Identify the types of obligations to be enforced

A
  1. Parenting Issues
  2. Equitable distribution: non payment of debt, property division or perform an act
  3. Alimony
  4. Child support
  5. Attorney’s Fees
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6
Q

What are the 4 different types of contempt

A
  1. Direct Civil Contempt
  2. Indirect Civil Contempt
  3. Direct Criminal Contempt
  4. Indirect Criminal Contempt
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7
Q

What can habeas corpus be used for in enforcement

A

To require a party to appear before court to enforce PP

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8
Q

What is proper venue for habeas corpus

A

Only in the county in which child is detained or withheld

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9
Q

What is the definition of contempt

A

A refusal to obey any legal order or mandate give by a Judge relative to any business of the court, after due notice, contempt can be punished accordingly.

It is an act tending to embarrass, hinder or obstruct the court in the administration of justice or less its authority or dignity.

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10
Q

What is DIRECT contempt

A

It is a contemptuous act that is committed in the immediate presence of the court

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11
Q

What is INDIRECT contempt

A

An act committed outside the presence of court

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12
Q

What is the difference in seeking civil contempt v. criminal contempt

A

Civil contempt is REMEDIAL
Criminal contempt is PUNITIVE

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13
Q

When is criminal contempt appropriate

A

It involves conduct that is calculated to embarrass, hinder or obstruct the administration of justice and is used to vindicate authority of the court and PUNISH offending party

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14
Q

When is civil contempt appropraite

A

It is used to coerce an offending party into complying with a court order rather than pushing them for failure to comply

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15
Q

How do we determine if contempt proceedings are civil or criminal

A

It goes to the nature of the alleged contemptuous act and is NOT dependent on the nature of the cause from which the contempt citation arose

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16
Q

If a fine imposed is not related to any damage suffered by aggrieved party, what type of contempt is it

A

criminal - it’s punitive

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17
Q

What is necessary for a valid civil contempt action

A

Contempt order must include a purge provision - without it, there is danger that the contempt sanction could be transformed from a civil to criminal contempt sanction without having followed underlying procedural protections attendant to criminal proceedings

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18
Q

What must potential criminal contemnors be entitled to

A

Same constitutional due process protections

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19
Q

What are the 6 elements for direct criminal contempt

A
  1. SHOW CAUSE
  2. SIGN ORDER & PRONOUNCE IN OPEN COURT
  3. CONDUCT IN PRESENCE OF COURT
  4. GIVE OPPORTUNITY FOR EVIDENCE TO MITIGATE
  5. SUMMARY OF PUNISHMENT
  6. WRITTEN JUDGMENT OF GUILT W RECITAL IF FACT
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20
Q

What is the burden of proof for direct criminal contempt

A

BEYOND A REASONABLE DOUBT

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21
Q

When must court appoint counsel for direct or indirect criminal contempt proceeding?

A

When the offense is punishable by incarceration but it is NOT required if the imposition of incarceration DOES NOT EXCEED 6 MONTHS

Court doesn’t have to give you the right to counsel in a direct or indirect criminal contempt action unless the incarceration is for a period of 6 months of more

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22
Q

Will failure to return to court without court ordered documents, subject you to direct criminal contempt

A

It could be constituted as direct criminal contempt and be punished summarily accordingly

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23
Q

Can telling Judge to fuck himself in elevator subject you to direct criminal contempt

A

No - bc it did not happen in court and interrupt or hinder judicial proceedings.

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24
Q

On the way to court room kid kicks door and tells bailiff to go fuck himself but judge hears it, can court hold in direct criminal contempt

A

Yes bc here it was in presence of judge and conduct lessened court’s authority or dignity

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25
Q

A defendant passed out in court bc he had coke that morning - can he be held in direct criminal contempt

A

Yes, bc it obstructed the administration of justice

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26
Q

If a judge believes one witness is living over the testimony of others, is this sufficient to summarily adjudicate for direct criminal contempt

A

No - it would create a chilling effect on constitutional right to freedom of speech, access to the courts, and due process.

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27
Q

Can defendant be held in direct criminal contempt for perjury where his testimony at hearing on motion to withdraw plea was “diametrically opposite” to his own testimony at time of the plea.

A

Yes

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28
Q

Prospective juror fails to disclose criminal history during jury selection is this subject to direct criminal contempt

A

Yes - it was done in presence of court

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29
Q

Trial court’s order of direct criminal contempt and a sentence of sixty days in jail, based upon a finding that a witness in a proceeding had committed perjury - will this uphold appeal

A

In order to be considered direct criminal contempt, all of the acts underlying the contemptuous conduct must be committed in open court, in the presence of the judge. If in order to determine that the witness had committed perjury, the court has to consider testimony of another witness and documents which were created out of the court’s presence - NO DIRECT CRIMINAL CONTEMPT.

If the judge relies on statements and testimony from others regarding their knowledge about the contemptuous acts, then the misconduct is no longer considered direct criminal contempt unless the alleged contemnor admits in open court, before the judge, that they have committed perjury

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30
Q

Is failure to testify for the state in response to a subpoena direct criminal contempt

A

Yes

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31
Q

Can party be held in contempt for multiple acts of profanity in one outburst

A

No - it’s only one direct criminal attempt for the continuous outburst.

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32
Q

Can court orally pronounce the resuscitation of the contemptuous act

A

Yes - but it has to detail what the contempt act was, not just make conclusory statements

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33
Q

What’s the max fine for a direct criminal contempt

A

No to exceed $500

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34
Q

What is the max jail sentence for direct criminal contempt

A

Cannot exceed 1 year

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35
Q

Is criminal contempt a crime

A

Yes, in the ordinary sense but it is not a felony or a misdemeanor - it’s a 3rd category called “common law crimes”

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36
Q

When is a jury necessary for imposition of jail time for criminal contempt

A

A jury trial is required by the United States Constitution when the sentence imposed is in excess of six months

Anything less than 6 months, jury not required

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37
Q

How shall a direct criminal contempt be prosecuted

A

A. Order to Show Cause
B. Motions; Answer
C. Order of Arrest; Bail
D. Arraignment; Hearing
E. Disqualification of Judge
F. Verdict; Judgment
G. Sentence; Indirect Contempt

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38
Q

When can judge is an order of arrest & bail for contempt proceeding

A

If Judge has reason to believe the party will not show up

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39
Q

When must judge disqualify himself in a contempt proceeding

A

If contempt charged involves disrespect or criticism of the judge. Judge will disqualify and another judge designated by chief justice of supreme court

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40
Q

What is the definition of indirect criminal contempt

A

Contemptuous conduct that has occurred outside the presence of the judge

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41
Q

when is indirect criminal contempt proceedings appropriate

A

Where the party in default has continually and willfully neglected court ordered support obligations or has affirmatively divested himself of assets and property.

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42
Q

How must an indirect criminal contempt action be brought

A

By sworn motion or sua sponte by Judge

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43
Q

What is the charging document for indirect criminal contempt

A

The order to show cause - it’s like the information in a criminal case

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44
Q

what must an order to show cause include

A

Essential facts constituting the criminal contempt charged and require that the defendant appear before the court to show cause why he should not be held in contempt of court & the time and date of hearing

45
Q

Wat must show cause order be based on if facts are those that occurred outside of court’s presence

A

Must be based on an affidavit or sworn testimony with one who has personal knowledge

46
Q

What is the burden of proof for indirect criminal contempt

A

Movant must prove, beyond a reasonable doubt, that defendant willfully violated court order

47
Q

What is the burden if contemnor says he could not comply with order

A

Where the contemnor claims an inability to comply with a court order as a defense for contempt, the alleged contemnor has the burden of proving, by a preponderance of the evidence, why he or she was unable to obey the court order

48
Q

What is an essential element of indirect criminal contempt

A

Intent

49
Q

Can court infer intent from actions

A

Yes - where a finding of intent is supported by the facts, the court may conclude that the offensive behavior was “willful” and “calculated to hinder the orderly functions of the court.”

50
Q

When is an out of court statement contemptuous

A

If it constitutes a “clear and present danger to the orderly administration of justice.”

The substantive evil must be extremely serious and the degree of imminence extremely high before mere utterances can be punished. Whether the speech constitutes a clear and present danger is measured not by the content of there mark, rather it is measured by the impact on judicial action.

51
Q

In hallway outside court, after losing civil case, defendant called counsel for plaintiff a “f-cking c –t” and threatened her by saying he would “see her later.” What is anything is contemptuous

A

Name calling was not indirect criminal contempt, but threat or intimidation of attorney who is officer of the court justifies finding of contempt.

52
Q

A party who is ordered by a trial court to appear at a scheduled hearing, but fails to do so - what type of contempt

A

Indirect criminal contempt, rather than in direct criminal contempt

53
Q

When can Judge issue writ of bodily attached to an order to show cause

A

If a judge has good reason to believe that the defendant will not attend the hearing, the proper procedure to obtain the contemnor’s presence is to issue a warrant for the contemnor’s arrestor a writ of bodily attachment.

54
Q

Are written findings of fact required for indirect criminal contempt

A

No - not if sufficient oral findings are made on the record

55
Q

When can the court deny a defendant’s right to a jury trial for contempt

A

Only when punishment is limited to six months or less of incarceration

56
Q

Can a defendant be held in contempt for failing to comply with an erroneous order

A

Yes - unless the court had no jurisdiction to enter the order

57
Q

What is the test to determine if double jeopardy applies to criminal contempt prosecution

A

The sole test to be applied to determine if a subsequent prosecution will be barred by double jeopardy is the Blockburger “same elements” test, which provides if each offense requires proof of an element that the other does not, the offenses are separate and double jeopardy does not apply.

58
Q

What can civil contempt be used for

A

To compel compliance with a court order or to compensate a movant for losses sustained as a result of a contemnor’s willful failure to comply with a court order

59
Q

How can civil contempt be initiated

A

By motion motion must recite the essential facts constituting the acts alleged to be
contemptuous. No civil contempt may be imposed without notice to the alleged contemnor and without providing the alleged contemnor with an opportunity to be heard

60
Q

What must notice of civil contempt include

A

“FAILURE TO APPEAR AT THE HEARING
MAY RESULT IN THE COURT ISSUING A WRIT OF BODILY
ATTACHMENT FOR YOUR ARREST. IF YOU ARE ARRESTED, YOU MAY BE HELD IN JAIL UP TO 48 HOURS BEFORE A HEARING IS HELD.”

61
Q

What must court conclude in every contempt hearing

A

(1) Express finding that the alleged contemnor had notice of the motion and hearing:

(2) Determine if movant established a prior order directing payment of support and contemnor failed to pay all or part

(3) If movant establishes above, the court shall if the alleged contemnor is present, determine whether the alleged contemnor had the present ability to pay support and willfully failed to pay such support

(4) If failed to appear then set a reasonable purge amount based on the individual circumstances of the parties. The court may issue a writ of bodily attachment and direct that, upon execution of the writ of bodily attachment, the alleged contemnor be brought before the court within 48 hours for a hearing on whether the alleged contemnor has the present ability to pay support and, if so, whether the failure to pay such support is willful

(5) Order and Sanctions. After hearing the testimony and evidence presented, the court shall enter a written order granting or denying the motion for contempt.

(4) Purge

(5) Review after incarceration

(6) Other Relief

62
Q

What must order on civil contempt include

A

(1) An order finding the alleged contemnor to be in contempt shall contain a finding that a prior order of support was entered, that the alleged contemnor has failed to pay part or all of the support ordered, that the alleged contemnor had the present ability to pay support, and that the alleged contemnor willfully failed to comply with the prior court order. The order shall contain a recital of the facts on which these findings are based.

(2) If the court grants the motion for contempt, the court may impose appropriate sanctions to obtain compliance with the order including incarceration, attorneys’ fees, suit money and costs, compensatory or coercive
fines, and any other coercive sanction or relief permitted by law provided the order includes a purge provision as set forth in subdivision (e) of this rule.

63
Q

If the court orders incarceration, a coercive fine, or any other coercive sanction for failure to comply with a prior support order, what must it do

A

The court shall set conditions for purge of the contempt, based on the contemnor’s present ability to comply.

The court shall include in its order a separate affirmative finding that the contemnor has the present ability to comply with the purge and the factual basis for that finding. The court may grant the contemnor a reasonable time to comply with the purge conditions. If the court orders incarceration but defers incarceration for more than 48 hours to allow the contemnor a reasonable time to comply with the purge conditions, and the contemnor fails to comply within the time provided, the movant shall file an affidavit of noncompliance with the court.
If payment is being made through the Central Governmental Depository, a certificate from the depository shall be attached to the affidavit. The court then may issue a writ of bodily attachment. Upon incarceration, the contemnor must be brought before the court within 48 hours for a determination of whether the contemnor continues to have the present ability to pay the purge.

64
Q

Why must court strictly comply with 12.615

A

Failure to do so violates party’s due process rights

65
Q

What must court find for civil contempt

A

1.Prior order entered
2.Failure to pay/comply
3.Present ability to pay/comply
4.Willful failure to comply
5.Facts to support findings
6.If incarcerated, must make separate additional finding of present ability to pay.

66
Q

What is burden of proof in civil contempt

A

1.Initial burden on movant in contempt proceeding to show prior court order and failure to pay. (PREPONDERANCE OF EVIDENCE)
2.Burden then shifts to defaulting party to show inability to pay. (PRESUMPTION YOU CAN COMPLY SO MUST SHOW YOU LOST THE ABILITY)
3.If court finds willful violation and incarceration appropriate, there must be a separate, affirmative finding of present ability to pay purge amount.

67
Q

marital settlement agreement (“MSA”), provided a “lump sum alimony” obligation as a payment to effect a distribution of marital property. Can party be held in contempt for failure to pay lump sump?

A

No, payment for distribution of property, not support.

68
Q

When the act at issue does not involve the payment of money can a trial court may enforce a property division award through contempt?

A

Yes

69
Q

Can court hold party in contempt for failure to comply with provision requirement payment in msa for children’s college tuition accounts

A

Yes - if provision says it was intended for child support

70
Q

If the court finds that the contemnor has continually and willfully neglected his or her obligation, what options available

A

Civil or criminal contempt

71
Q

Can party seek to hold spouse in contempt for failure to pay for a child’s college expenses as set for in MSA hen kid is over 18?

A

No

72
Q

What must order holding parent in contempt for failure to pay cs include

A

1) a prior valid order of support;
2) a failure to pay all or part of the ordered support;
3) the parent’s present ability to pay the support; and
4) the parent’s willful refusal to comply with the prior court order. Furthermore, the order shall contain specific facts on which the allegations are based.

73
Q

Parties owned two (2) corporations equally. Their Marital Settlement Agreement required the corporations to be sold, however, until same occurred the Husband was required to continue to pay the Wife her salary and provide her with 50% of any shareholder distributions. H failed to do so. Can W hold him in contempt?

A

If payments were for purposes of support, yes. In Kovic v. Kovic, 336 So. 3d 22 (Fla. 4th DCA 2022) it appeared to be for support bc upon sale of corp H then had to pay W permanently alimony.

74
Q

Can court find mother in contempt for making major decisions concerning religion and religious education of parties’ children in contravention of Marital Settlement Agreement between parties that required joint decision-making regarding children’s religious upbringing

A

Court cannot restrict a parent’s exposure of his or her child to parent’s religious beliefs unless there is affirmative showing that religious activity is harmful to child.

75
Q

What happens on appeal if court holds party in contempt if the notice did not contain language warning FH that if he failed to appear he could be arrested and held for up to forty-eight hours pending a hearing

A

Trial court departs from essential elements of law if it fails to comply with procedure for contempt

76
Q

What must every order of contempt include

A

-State that the respondent has been adjudicated guilty of civil contempt of court.

-Set forth the date of the original order (it is also recommended that the original order be attached as an exhibit to the order of contempt).

-Make an affirmative finding that the respondent willfully violated the court order and briefly set forth the facts that show the violation or that the respondent has the present ability to comply with the court order.

-Make a separate affirmative finding that the contemnor has the present ability to comply with the purge provisions.

-Set forth the number of days the respondent is to be confined. Set forth a purge provision stating exactly what the respondent must do to purge him/herself.

77
Q

Can party appeal an order of indirect civil contempt

A

No - it’s a non final order but is reviewable by certiorari

78
Q

When can court order sanctions for civil contempt

A

(1) to compensate the injured party for losses sustained; and
(2) to coerce the offending party into compliance with a previously issued court order.

79
Q

Can court order the impecunious spouse to pay attorney fees as part of contempt when there is a disparity in incomes

A

Yes - court found that Former Wife had intentionally and maliciously interfered with Former Husband’s visitation, it was proper to hold her in contempt and impose over $12,000in attorney’s fees as a sanction, even though there was a great disparity in incomes

80
Q

A respondent who does not have the financial means to purge cannot be incarcerated; therefore, the court should consider non-incarceration options, such as:

A
  1. Directing contemnor to seek employment through the state employment services and ordering weekly reports on the status of the job search
  2. Issuing a writ directing the employer to garnish the contemnor’s salary to satisfy alimony/child support obligations
  3. Entering an income deduction order for payment of child support or alimony
  4. If counseling was ordered, requiring respondent to go to counseling with weekly reports
  5. Entering a judgment on arrearages
81
Q

When is modification of timesharing permissible in contempt proceedings

A

Only if:
(1) the moving party has affirmatively alleged and proven a substantial change in circumstances;
(2) the minor child’s best interests require the modification; and
(3) sufficient notice of the proposed modification was afforded to the nonmoving party

82
Q

When is a fine for civil contempt proper

A

If it either coerces a defendant into compliance with the court’s order or compensates the plaintiff for losses sustained. If the fine for civil contempt is coercive, it must provide for its avoidance through obedience. If the fine is compensatory, the amount must be reasonably related to the loss shown in the record

83
Q

When will a fine be considered criminal contempt

A

When contemnor has no opportunity to reduce or avoid find through compliance - can’t order this type of fine of civil convempt

84
Q

What must be considered in an order designed to compensate a party in civil contempt

A

Must related to injured party’s actual loss

85
Q

What can court do if contemnor has willfully divested himself of the ability to comply through his own fault with the intent and purpose of violating the court order?

A

Cannot find him in civil contempt since he no longer has present ability to comply but can find him in indirect criminal contempt

86
Q

What is the purpose of a writ of ne exeat

A

Is reserved for cases where the party is a flight risk or is about to fraudulently conceal or convey assets - cannot be used to prevent a party from fleeing or removing assets

87
Q

What is the general rule regarding attorney’s fees in contempt

A

As a general rule, attorney’s fees may be awarded as a sanction in civil contempt proceedings without findings as to the parties’ respective need and ability to pay. However, in contempt proceedings incident to enforcing orders relating to support or custody, Fla. Stat. §61.16(1) governs: need and ability to pay must be considered by the court before ordering payment of attorney’s fees.

Fees are available as a sanction in civil contempt cases, but they must be based on actual damage and supported by findings

88
Q

An agreement states that “the parties shall each be responsible for his or her own attorney’s fees and costs associated with this matter” - is this a waiver of fees for all actions?

A

No, general waiver cannot be deemed to waive fees for enforcement or modification.

89
Q

Do the florida family law rules of procedure lay out a timeline as to when a substitute party for deceased party must be named

A

NO - this is a big difference from civil, which requires it within 90 days of suggestion of death.

90
Q

Is personal service for enforcement proceedings necessary

A

Personal service of process is not necessary to initiate enforcement proceeding when the jurisdiction of the Court over the parties has not terminated; service by mail, preferably registered or certified, return receipt request, is all that is required to meet due process requirements

91
Q

Does the court have to retain jur to enforce its orders

A

No - court has inherent authority to enforce its own orders

92
Q

Does court have to retain jur to modify rights or address issues not adjudicated in dom?

A

Not without specific reservation in FJ

93
Q

What is necessary to establish a defense of laches in a child support case

A

“(1) conduct by the defendant that gives rise to the complaint;

(2) that the plaintiff had knowledge of the defendant’s conduct and did not assert the opportunity to institute suit;

(3) lack of knowledge by the defendant that the plaintiff will assert the right upon which suit is based; and

(4) extraordinary injury or prejudice.”

94
Q

What is laches defense

A

Unlike statute of limitations, laches is an equitable defense which is controlled by equitable considerations. Particularly in the context of family law matters, the lapse of time and the prejudice to the defendant must be so extraordinary and significant, that it would be inequitable to permit a plaintiff’s action to proceed

95
Q

Should FL give full faith and credit to an Ohio judgment ordering sale of home in FL and for parties to split proceeds

A

No, it was not entitled to full faith and credit, as its enforcement required application of in rem jurisdiction; the granting of the foreign receiver to effectuate the sale would effectively cause a partition of the Florida property by utilizing a sale by receiver in lieu of a partition proceeding

96
Q

What is the rule of comity

A

Allows courts of one state or jurisdiction to give effect to laws and judicial decisions of another state, not as matter of obligation, but out of deference and respect

97
Q

What is an exception to when court should not enforce a foreign judgment on rule of comity

A

If that foreign court did not have personal jurisdiction or it’s against FL public policy

98
Q

What is the purpose of UIFSA

A

provides remedies for the enforcement and modification of support orders

99
Q

How do you acquire personal jurisdiction under UIFA statutes to establish enforce or modify an order or determine parentage

A

The individual is personally served while in the state;

The individual submits to the jurisdiction of this state by consent, by entering a general appearance, or by filing a responsive document which effectively waives objection to personal jurisdiction;

The individual resided with the child in this state;

The individual resided in this state and provided prenatal expenses or support for the child;The child resides in this state as result of the acts or directives of the individual;

The individual engaged in sexual intercourse in this state at a time when the child may have been conceived here

The individual asserted parentage in a tribunal or in a putative father registry maintained in this state by the appropriate agency; or

There is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.

100
Q

A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a petition or comparable pleading is filed in another state or a foreign country only if

A

(a)The petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;

(b)The contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and

(c)If relevant, this state is the home state of the child

101
Q

Per Chapter 88, how do we determine if FL has continuing exclusive jurisdiction

A

Florida has continuing exclusive jurisdiction over a child support order as long as Florida remains the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, unless the parties have filed written consents with Florida for another state Court to modify the order and assume continuing exclusive jurisdiction.

Where another state Court had modified a Florida child support Order pursuant to this Act or a law substantially similar to it, then Florida may no longer exercise continuing exclusive jurisdiction to modify this order

If a Florida child support order has been modified by another state Court according to this Act or a law substantially similar to it, then Florida may not exercise its continuing exclusive jurisdiction with regard to the prospective enforcement of the original order issued in Florida, and may only enforce the order that was modified as to the amounts accruing before the modification by the foreign Court, enforce the non-modifiable aspects of the order, and provide other relief for violations of the order which occurred before the effective date of the modification. Any temporary support orders issued pending resolution of a jurisdictional conflict does not create continuing exclusive jurisdiction in that issuing state

Regarding spousal support orders: Florida has continuing exclusive jurisdiction over a spousal support order lawfully issued in Florida throughout the existence of the support obligation. Furthermore, Florida may not modify a spousal support order issued by a foreign state Court having continued exclusive jurisdiction over that order under the law of that state.

102
Q

Where there are two or more child support orders issued by different states with the regard to the same parties, Florida must apply certain rules to determine which order to recognize - what are they

A

First, if only one of the Courts issuing the child support order had continuing exclusive jurisdiction to do so, then that order controls.

If more than one Court had continuing, exclusive jurisdiction, the order issued by the Court in the current home state of the child controls.

If an order has not been issued by a Court in the current home state, then the most recently issued order controls.

If none of the Courts issuing the child support order had continuing exclusive jurisdiction under this act, then Florida, if it has jurisdiction over the parties, may issue a child support order, which controls.

Where multiple child support orders are outstanding, a party may bring an action in Florida to determine which child support order controls, only if the obligor or the individual obligee resides in Florida. The requesting party must attach a certified copy of every support order in effect and give notice of the request to the interested parties

Within thirty (30) days after issuance of an order identifying the controlling support order, the party obtaining the order must file a certified copy of it with each tribunal that issued or registered an earlier order of child support.

103
Q

When does a judgment become a lien against real property

A

When it’s recorded the county where the property is located

104
Q

can there be a lien against property held as tenancy by entirety

A

No, not subject to lien of judgment against just one tenant

105
Q

When can a lien be imposed against a homestead property

A

Egregious failure to pay support justifies equitable lien in specified amount against homestead property.

When an equitable lien is sought against homestead real property, some fraudulent or otherwise egregious act by the beneficiary of the homestead protection must be proven

106
Q

Can Court order arrearage paid from proceeds of sale of home where husband established a homestead with new wife and child when affidavit reflected husband’s intent to use proceeds to establish another homestead.

A

No

107
Q

Can an income deduction order be used solely for the payment of attorney’s fees resulting from proceedings to modify child support

A

No

108
Q

Can court garnish disbursements from trust

A

Yes - but can’t compel trustee to make the payment can only garnish upon receipt by beneficiary

109
Q

Can attorney be disciplined for failure to pay child support

A

Yes, 4-8.4: a lawyer shall not willfully refuse, to timely pay a child support obligation. This rule was added so that lawyers who failed to pay their child support obligations would be disciplined consistently with other professionals who fail to pay child support, as provided at Fla. Stat. §61.1305. Thus, attorneys can also be disciplined for the willful failure to pay their child support obligations by the suspension or denial of their professional license

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