A. Enforcement of Child Custody & Visitation in Palm Beach County, Florida

Florida law provides that when a parent refuses to honor a child custody and visitation schedule without proper cause, the court: (a) shall award the parent denied visitation a sufficient amount of extra visitation to compensate for the visitation missed.  In ordering makeup visitation, the court shall schedule such visitation in a manner that is consistent with the best interests of the child, in a manner that is convenient for the nonoffending parent, and at the expense of the noncompliant parent; (b) may order the parent who did not provide visitation or did not properly exercise visitation under the child custody and visitation schedule to pay reasonable court costs and attorney’s fees incurred by the nonoffending parent to enforce the child custody and visitation schedule; (c) may order the parent who did not provide visitation or did not properly exercise visitation under the child custody and visitation schedule to attend a parenting course approved by the judicial circuit; (d) may order the parent who did not provide visitation or did not properly exercise visitation under the child custody and visitation schedule to perform community service if the order will not interfere with the welfare of the child; (e) may order the parent who did not provide visitation or did not properly exercise visitation under the child custody and visitation schedule to have the financial burden of promoting frequent and continuing contact when that parent and child reside further than sixty miles from the other parent; (f) may, upon the request of the parent who did not violate the child custody and visitation schedule, modify the child custody and visitation schedule if modification is in the best interests of the child; (g) may impose any other reasonable sanction as a result of noncompliance. A person who violates the court established child custody and visitation schedule may be punished by contempt of court or other remedies as the court deems appropriate.

B.  Enforcement of Alimony & Child Support in Palm Beach County, Florida

Florida law provides that when a court of competent jurisdiction enters an order for the payment of alimony or child support, the court will make a finding of the obligor’s imputed or actual present ability to comply with the order.  If the obligor subsequently fails to pay alimony or child support and a contempt hearing is held, the original order of the court creates a presumption that the obligor has the present ability to pay the alimony or child support and to purge himself or herself from the contempt.  At the contempt hearing, the obligor shall have the burden of proof to show that he or she lacks the ability to purge himself or herself from the contempt. This presumption is adopted to implement the public policy of this state that children shall be maintained from the resources of their parents and that spouses are to be maintained as provided for by Florida Statute.  The court will state in its order the reasons for granting or denying the contempt.

In a proceeding in circuit court to enforce a support order under any provision of Florida law, if the court finds that payments due under the support order are delinquent or overdue and that the obligor is unemployed, underemployed, or has no income but is able to work or participate in job training, the court may order the obligor to: (a) seek employment; (b) file periodic reports with the court, or with the department if the department is providing Title IV-D services, detailing the obligor’s efforts to seek and obtain employment during the reporting period; (c) notify the court or the department, as appropriate, upon obtaining employment, income, or property; (d) participate in job training, job placement, work experience, or other work programs that may be available Florida law, or any other source.   An obligor who willfully fails to comply with a court order to seek work or participate in other work-related activities may be held in contempt of court.

Money due for personal labor or services is subject to attachment or garnishment to enforce and satisfy the orders and judgments of courts of the State of Florida for alimony and child support, or other orders in proceedings for dissolution, alimony, or child support.  The court may issue a continuing writ of garnishment to an employer to enforce an order of the court for periodic payment of alimony or child support or both.  The writ may provide that the salary of any person having a duty of support pursuant to such order be garnisheed on a periodic and continuing basis for so long as the court may determine or until otherwise ordered by the court or a court of competent jurisdiction in a further proceeding.  Any disciplinary action against the employee by an employer to whom a writ is issued pursuant to this section solely because such writ is in effect constitutes a contempt of court, and the court may enter such order as it deems just and proper.