Q: Final judgment contempt. Husband filed motion rule 1.530. claims motion would toll time before judgment goes into effect
Florida family law. Is he in contempt by ignoring and missing deadlines ordered in final judgment?
A:
He is incorrect.
A motion made pursuant to Florida Civil Rule 1.530 doesn't stay the judgment. If he wants a stay, he must file a motion pursuant to Florida Civil Rule 1.550 (b):
"Stay. The court before which an execution or other process based on a final judgment is returnable may stay such execution or other process and suspend proceedings thereon for good cause on motion and notice to all adverse parties."
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A: He is only in contempt when a judge adjudicates him in contempt. What that means is that you must file a motion for enforcement or contempt and have a hearing on the issues before a judge can adjudicate him in contempt. I hope this helps. Good luck!
1 user found this answer helpful
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