Contempt & Enforcement in Florida Family Court — How to Enforce Court Orders

What Is Contempt of Court?

Contempt of court occurs when a person willfully disobeys or fails to comply with a court order. In Florida family law, common examples include:

• Denying court-ordered timesharing without justification
• Failing to pay child support or alimony
• Failing to comply with terms of a parenting plan
• Violating provisions of a final judgment of divorce
• Refusing to provide financial disclosures
• Disparaging the other parent in front of the child in violation of a court order

Civil vs. Criminal Contempt

Civil contempt is intended to compel compliance with a court order — the person can avoid punishment by complying ('carrying the keys to their own jail cell'). Criminal contempt is intended to punish past violations and requires a higher burden of proof. Most family law contempt proceedings are civil in nature.

How to File for Contempt

To initiate contempt proceedings, you file a Motion for Contempt and Enforcement with the court that issued the original order. The motion must specifically identify which provisions of the court order were violated, when, and how. The other parent has the right to respond and a hearing will be scheduled.

Possible Consequences

If the court finds contempt, consequences can include:

• Make-up timesharing to compensate for denied time
• Attorney's fees and court costs paid by the violating parent
• Modification of the parenting plan
• Community service
• Fines
• Jail time (in serious cases of willful noncompliance)
• Wage garnishment for unpaid support