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How Florida Courts Handle Contempt in Family Law Cases
Introduction
When a court issues an order in a family law case, both parties are legally required to follow it. Unfortunately, some individuals fail to comply with court-ordered obligations, such as paying child support, adhering to time-sharing schedules, or following alimony agreements. In these situations, the court can enforce compliance through contempt proceedings.
This guide explains how contempt works in Florida family law cases, what actions can lead to contempt charges, and what legal remedies are available for enforcing court orders.
What Is Contempt in a Family Law Case?
Contempt occurs when a person willfully disobeys a court order. In Florida family law cases, contempt proceedings are commonly used to enforce:
- Child support payments
- Alimony obligations
- Time-sharing and custody arrangements
- Compliance with divorce settlement terms
To be held in contempt, the violating party must have the ability to comply with the court order but willfully refuses to do so. If a person genuinely cannot fulfill an obligation due to circumstances beyond their control, they may not be found in contempt.
Types of Contempt in Florida Family Law
Florida courts recognize two types of contempt in family law cases:
Civil Contempt
- Used to compel compliance with a court order rather than to punish the violator.
- Often applied in cases involving unpaid child support or failure to comply with parenting plans.
- The violating party may be ordered to comply or face fines, wage garnishment, or other remedies.
Criminal Contempt
- Used when a party’s actions show blatant disrespect for the court or an intentional refusal to obey an order.
- Can result in penalties such as fines or jail time.
- Requires proof beyond a reasonable doubt, similar to a criminal case.
Most family law contempt cases involve civil contempt, but repeated or severe violations may lead to criminal contempt charges.
Common Reasons for Contempt in Florida Family Law Cases
Failure to Pay Child Support
- If a parent fails to make required child support payments, the court may order wage garnishment, property liens, or even suspend their driver’s license.
- The non-paying parent must prove an inability to pay due to job loss or medical issues to avoid contempt.
Violating a Time-Sharing Agreement
- A parent who refuses to follow the court-ordered visitation schedule may be held in contempt.
- If a parent continuously denies access to the child, the court may modify the custody arrangement.
Failure to Pay Alimony
- If a spouse does not pay court-ordered alimony, the recipient may file a motion for contempt.
- Courts may enforce payment through wage garnishment or other financial penalties.
Refusing to Follow a Divorce Decree
- If one spouse fails to transfer property, sell assets, or divide accounts as ordered in the divorce judgment, they may be held in contempt.
The Process for Filing a Contempt Motion
If one party is not following a court order, the other party can take legal action by filing a motion for contempt. The process typically involves:
- Filing the Motion
- The motion must explain which order is being violated and provide evidence of non-compliance.
- Serving the Other Party
- The violating party must be formally notified of the contempt motion and given a chance to respond.
- Court Hearing
- Both parties present evidence and testimony.
- The court determines whether the non-compliance was willful.
- Issuing a Contempt Order
- If found in contempt, the violator may be ordered to comply immediately, pay fines, or face other penalties.
Possible Penalties for Contempt
Depending on the severity of the violation, Florida courts can impose various penalties, including:
- Wage garnishment or direct deductions from bank accounts
- Driver’s license suspension or passport restrictions
- Liens on property or assets
- Fines and additional financial penalties
- Mandatory parenting or financial management classes
- Jail time for serious or repeated violations
The court’s primary goal is to enforce compliance rather than punish the violator, but repeated offenses may lead to harsher consequences.
Defenses Against a Contempt Motion
A person accused of contempt can defend themselves by proving that they:
- Did not willfully violate the court order – If they were unaware of the order or misunderstood its terms, they may not be found in contempt.
- Were financially unable to comply – If they lost their job or experienced a medical emergency, they may need to request a modification of their support obligation instead of facing contempt charges.
- Were blocked from complying – If the other party interfered, such as preventing visitation despite attempts to follow the time-sharing schedule, the accused may not be at fault.
Providing documentation, such as financial records or communication attempts, can help support a defense.
What to Do If Someone Violates a Court Order in Your Case
If the other party in your case is not complying with a court order, you can:
- Document every instance of non-compliance – Keep records of missed payments, denied visitations, or ignored agreements.
- Attempt to resolve the issue – Sometimes, a discussion or written request can resolve disputes without court intervention.
- File a motion for contempt – If the violation continues, taking legal action may be necessary.
- Consult a family law attorney – An attorney can guide you through the contempt process and help enforce your rights.
How a Family Law Attorney Can Help
A family law attorney can assist with:
- Filing contempt motions to enforce child support, alimony, or custody orders.
- Defending against wrongful contempt accusations.
- Negotiating compliance agreements to avoid penalties.
- Representing clients in court hearings to present evidence and argue for appropriate enforcement measures.
At Bonderud Law, we help individuals protect their rights when court orders are not followed. If you need assistance enforcing a family law order or defending against a contempt charge, contact us today for a free consultation.
Conclusion
Contempt proceedings in Florida family law cases are used to enforce compliance with court orders related to child support, alimony, and custody. Courts have broad authority to impose penalties for non-compliance, but they also recognize legitimate reasons why someone may be unable to meet their obligations.
If you are dealing with a court order violation, understanding your legal options and working with an experienced attorney can help you resolve the issue effectively.