Learn when contempt may be used to enforce a Florida family court order and when it may not apply
Key points about filing for contempt in Florida family courts:
- Contempt may be available when someone fails to follow a clear requirement in an existing Florida family court order.
- Unpaid child support or alimony, denied time-sharing, and certain parenting plan violations may lead to contempt.
- Evidence such as payment records, messages, parenting calendars, and other documentation can help establish that an order was violated.
- Inability to comply may provide a defense in some contempt cases, particularly when someone genuinely cannot afford court-ordered support.
- Financial inability does not automatically erase unpaid support or reduce the amount required by an existing order.
- A contempt finding can result in make-up time-sharing, attorney’s fees, court costs, other sanctions, and, in some cases, jail if the person has the ability to satisfy the court’s requirement but refuses.
When a judge enters a family court order, both parties are expected to follow it.
But what happens when one spouse or co-parent stops paying court-ordered support, repeatedly interferes with time-sharing, or simply refuses to comply with another requirement in the order?
In Florida, one party may be able to ask the court to enforce the order and hold the other party in contempt. However, contempt isn’t available for every disagreement or every provision of a family court order.
Below, we’ll explain when someone may or may not be able to file for contempt, when modifying an existing order may be the better option, what they need to show the court to prove contempt, and what can happen if someone is found in contempt in a Florida family court.
If you’re dealing with an ex-spouse or co-parent who isn’t following a court order in Florida, contact the experienced Fort Lauderdale contempt and enforcement attorneys at Shemtov Hillstrom for a free consultation to understand your legal options.
What does contempt of court mean in family court?
Contempt of court generally means that a judge has found that someone failed to follow a court order without a legally sufficient reason.
In a Florida family law case, this commonly comes up after a divorce or paternity case when one party does not follow an existing order involving child support, alimony, a parenting plan, or time-sharing.
For example, if your parenting plan gives you time-sharing every other weekend and your co-parent repeatedly refuses to turn over your child, you may be able to file a motion asking the court to enforce the parenting plan and hold the other parent in contempt.
If the judge finds the other party in contempt, the court can take steps to enforce the order and address the violation. The specific consequences depend on what the person was ordered to do and how they failed to comply.
What qualifies for contempt of court in a Florida family law case?
Generally, you may be able to file for contempt in Florida when there is an existing court order and you believe the other party has failed to follow a clear requirement in that order.
Before filing, you should be able to identify exactly what the court ordered and what the other person did or failed to do. Depending on the case, that may mean showing:
- There is a valid court order. The requirement you’re trying to enforce must be part of an order entered by the court.
- The order clearly states what the other person must or must not do. You should be able to point to specific language in the order that applies to the dispute.
- The other person knew about the order. For example, they may have received the order, participated in the case, or previously followed its requirements.
- The other person failed to comply. You need evidence showing that what the court ordered did not happen. Depending on the issue, this could include payment histories, bank records, text messages, emails, parenting calendars, exchange records, or other documentation.
You don’t necessarily need months of repeated violations before asking the court to act.
Whether a single violation is enough to justify filing for contempt will depend on the order, what happened, and the seriousness of the noncompliance. The stronger your documentation, the easier it may be to show the judge what the order required, when it was violated, and the evidence supporting your claim.
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What can a judge hold someone in contempt for?
Florida family courts can use contempt to address many violations involving support, parenting, and other court-ordered responsibilities.
Common examples include:
- Not paying court-ordered child support. A parent who fails to make required payments despite having the ability to pay may face contempt.
- Not paying court-ordered alimony. A former spouse may also face contempt for breaching a marital settlement agreement by failing to pay alimony when they have the ability to comply.
- Refusing court-ordered time-sharing. A parent who prevents the other parent from having time with their child as required by a parenting plan may face contempt.
- Failing to follow other requirements in a parenting plan. Depending on the language of the order, this could include refusing to follow requirements involving exchanges, communication, or other parenting responsibilities.
- Failing to complete a court-ordered parenting course. Florida law specifically allows a judge to hold a parent in contempt for failing to complete a required parenting course.
However, not everything included in a divorce judgment can necessarily be enforced through contempt.
For example, certain requirements involving the division of property or payment of ordinary debts may need to be enforced through other legal remedies.
There is also a difference between someone refusing to follow an order and an order that no longer works because circumstances have changed. If the latter describes your situation, modification may be the appropriate next step.
When should you request a modification instead of filing for contempt?
If the problem is that the existing order no longer works because circumstances have changed, you may need to request a modification rather than ask the court to hold the other person in contempt.
For example:
- Your parenting schedule needs to change. If your co-parent refuses to give you the time-sharing already ordered, contempt may be appropriate. But if a new work schedule, relocation, or another substantial change means the current parenting plan no longer works, you may need to ask the court for a different schedule.
- Child support should be increased or decreased. If a parent’s income, time-sharing, childcare costs, or other relevant circumstances have substantially changed, either parent may be able to request a child support modification.
- An alimony obligation needs to change. Depending on the type of alimony and circumstances involved, retirement, a substantial change in income, or another legally recognized change may provide grounds for modification.
The important distinction is that contempt asks the court to enforce what has already been ordered, while modification asks the court to change the order going forward.
A person cannot decide on their own that an order no longer applies. If they’re required to pay $1,500 a month in child support, for example, losing their job does not automatically reduce the amount they owe.
They’ll need to file a motion to modify the court order, and a judge will decide if the payment amount should be reduced.
What defenses can be used for contempt of court?
The defenses that can be used against a contempt motion depend on what someone is accused of doing and why they didn’t follow the court order.
For example, a person may be able to show that:
- They actually followed the order. Receipts, payment histories, messages, calendars, or other records may show that the alleged violation did not occur.
- They were unable to comply. A job loss, serious illness, financial hardship, or other circumstances beyond their control may help show that they genuinely could not do what the court ordered.
Under Florida Statutes § 61.14, ability to pay is a key consideration in support-related contempt proceedings. Financial records, employment information, medical records, or other evidence may be needed to show that the person genuinely could not make the required payments.
However, being unable to afford the payments does not necessarily erase the money that became due under the existing order.
A contempt hearing also does not automatically reduce someone’s child support or alimony if they’re unable to pay; they generally need to request a modification from the court.
For example, suppose someone loses their job in January but does not file for a child support modification until April. Their inability to pay may be relevant to whether they should be held in contempt for missed payments, but the support that became due before they requested a modification may still be owed.
That is one reason it’s crucial to seek a modification promptly when financial circumstances change rather than simply stop making the court-ordered payments.
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What happens after someone files a motion for contempt in Florida?
After someone files Florida Family Law Form 12.960, Motion for Civil Contempt/Enforcement, asking the court to enforce an existing order or final judgment, this is what typically happens:
- The other party is notified. The person who filed the motion, or their attorney, must make sure the other party receives proper notice of the contempt motion and hearing so they have an opportunity to respond. This may be done by mail, through an attorney, or by formal service, depending on the type of contempt proceeding and the circumstances.
- A hearing is scheduled. The parties generally appear before a judge to address the alleged violation.
- Both sides can present their case. The person seeking contempt can present evidence showing that the order was violated, while the other party can dispute the allegations or explain why they did not comply.
- The judge decides whether contempt has been proven. If it has, the judge determines what should be done to enforce the order and address the violation.
Please note that the length of this process can vary depending on the court’s schedule, the issues involved, and whether additional proceedings are necessary.
What happens if you’re held in contempt in Florida family court?
The consequences depend on what you were ordered to do and how you violated the order.
Florida law provides particularly specific remedies when a parent refuses to follow a court-ordered time-sharing schedule. Under Florida Statutes § 61.13, the court can:
- Award the other parent make-up time-sharing.
- Require the violating parent to pay reasonable court costs and attorney’s fees.
- Require the parent to attend a parenting course.
- Order community service.
- Impose other reasonable sanctions.
- Consider the parent’s refusal to honor time-sharing when determining whether a modification of the parenting plan is appropriate.
Different consequences can apply when contempt involves unpaid child support or alimony. The court may order payment of overdue support and take additional steps to compel the person to comply with the support order.
The judge generally has options for addressing the particular violation, which is why the consequences of contempt can look very different from one family law case to another.
Can a parent go to jail for contempt of court in Florida?
Yes. In some Florida family law cases, a parent can be jailed for contempt, including for failing to pay court-ordered child support when they have the ability to pay.
This is known as civil contempt, which means the court is using jail or another consequence to make someone comply with an order rather than simply punish them for a past violation.
If jail is ordered, the judge may set a purge amount—an amount the parent can pay to avoid or end the incarceration. The court must determine that the parent actually has the ability to pay that amount.
In other words, civil contempt can be used to pressure someone who can comply but refuses to do so, not to jail someone for failing to make a payment they genuinely cannot afford.
Need help filing a motion for contempt in a Fort Lauderdale family court?
When a former spouse or co-parent refuses to follow a family court order, simply having an order in place may not be enough. You may need to return to court and show the judge exactly how the order was violated and why enforcement is necessary.
At Shemtov Hillstrom, our Fort Lauderdale family law attorneys have extensive experience handling contempt and enforcement matters. Our team’s substantial courtroom experience allows us to build a clear, evidence-based case when judicial intervention is necessary while also looking for practical ways to resolve disputes when possible.
Whether you’re dealing with unpaid support, denied time-sharing, repeated violations of a parenting plan, or another failure to follow a family court order, we can help determine whether contempt is the appropriate next step and pursue the relief available under Florida law.
Contact Shemtov Hillstrom today for a free consultation to discuss your situation and options for enforcing your family court order.
