Legal Question in Family Law in Florida
Divorce contempt settlement issues possible contempt visits
I am representing myself as unable to afford attorney. I have several issus that can be filed as contempt (property settlement, life and healh insurance requirements, and uncovered medical reimbursement). I have the pw filled out but am slightly afraid to file due to my ex demanding 6 weeks visitation over the summer with our child. Our order states that he is to provide 90 days notice of the time periods chosen and he is to get 1/2. To me that is more than one time period not all of it at one time which I feel would have detrimental to our child (child comes home raging angry from father's house after short visits and is in counseling for this). How can I file both the motion for civil contempt and another motion to revisit the summer visitation issue? I would also like to revisit issues in the visitation that are not covered under the divorce decree. How can I file the contempt and revisit the visitation at one time? Is there any way to not have to pay the filing fee? I am unemployed at this time and cannot afford anything. I am in Lake County. Are there any attorneys who would take this pro bono or ask for him to pay their fees? Legal Aid is not taking on any family law clients at this time.
1 Answer from Attorneys
Re: Divorce contempt settlement issues possible contempt visits
I do not reside in Lake county, thus, cannot actually rep. client. I will try to address some of the issues brought up in your questions. This will be in a broad, general sense. Since the questioner mentions an order and contempt, I will assume this is not an initial divorce...that is, a final judgment has been entered. As to civil contempt. A party cannot be held in contempt in family law for property settlement issues. The court may use contempt powers for the insurance issues.
As far as one former spouse's failure to reimburse the other for uncovered med. expenses, the court would NOT use contempt, but rather, would issue a monetary judgment against the party failing to pay.
If you desire to change the visitation, you have to file a Supplemental Petition to Modify the Final Judgment of Dissolution. You have to have the other party served by a process server. He would have 20 days to file an Answer. Subsequently, the Court would set this for a hearing after they went to mediation (where they meet and attempt to settle). My county charges a $50.00 filing fee. You should check with the clerk of court in your county to inquire re: a fee. The Court may require the other party reimburse you for your expenditures.
You may file these two types of motions at the same time.
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