Florida Court Discusses Contempt In Florida Divorce Case

One of the ways that the court can compel an individual to perform a specific task is by holding them in contempt when they don’t. This is especially true when children are involved. Parents, who may not like each other very much, must coordinate with one another for the sake of their children. If one parent defies the parenting plan, that parent can be held in contempt of court. That’s what happened in the case of Walker v. Wallace, No. 4D22-1665 (Fla. 4th DCA Feb. 8, 2023). In this article, the Tampa, FL, divorce lawyers at Faulkner Law Group, PLLC, will discuss the case and why contempt was in play.

Background of the case 

In this case, the parties’ marriage was dissolved through a Marital Settlement Agreement (MSA). The MSA included provisions for time-sharing with the children, setting out a parenting plan that the father was expected to follow. The father repeatedly failed to comply with his time-sharing obligations. The mother, on the other hand, sought enforcement, and the trial court entered a civil contempt order against the father.

The father appealed the contempt finding, challenging the enforceability of the MSA provision. His primary argument was that the parenting/time-sharing provision was too vague and indefinite to serve as a basis for contempt. This made the trial court’s order improper.

The question then became: Whether a party held in contempt for violating a parenting plan can collaterally attack the validity of the underlying order in the contempt proceeding. In addition, the appeal sought to answer whether the MSA’s time-sharing provisions were sufficiently specific and definite to support a contempt finding.

The appeal 

The Fourth District Court of Appeal reaffirmed that a litigant cannot collaterally attack the validity of an underlying judgment or order during a contempt proceeding. If a party believes an order is legally defective, the proper route is to appeal or move to modify, not disobey and later raise a vagueness defense to contempt.

Even if the father’s challenge were considered, the MSA did contain a sufficiently definite schedule for time-sharing. The father had a clear duty to comply, and his noncompliance justified the finding of contempt.

The court’s opinion emphasized that parenting plan provisions, once incorporated into a final judgment, carry the same weight as support obligations. Courts can use civil contempt as an enforcement tool.

Thus, the Fourth District Court of Appeal affirmed the contempt order against the father. The court made it clear that the MSA provision was enforceable, the father could not raise a collateral attack in contempt proceedings, and contempt was properly used to enforce compliance with time-sharing.

Talk to a Tampa, FL, Divorce Lawyer Today 

The Tampa divorce lawyers at Faulkner Law Group, PLLC, represent the interests of those who are pursuing a divorce. Call our office today to schedule an appointment, and we can begin addressing your concerns right away.