When someone willfully violates a family-law court order — refusing to pay alimony, skipping child support, denying time-sharing — that person can be held in contempt of court. Florida's contempt remedies range from makeup time with the children to fines, license suspension, and jail. Whether you need to enforce an order against the other party or defend yourself against contempt allegations, the procedure is specific and consequences are serious.
Civil vs. Criminal Contempt
Florida recognizes two forms of contempt:
- Civil contemptis designed to coerce compliance with the court's order. A party who violates a support order can be held in civil contempt and jailed — but the jail sentence must include a “purge” (a way to get out, usually by paying the past-due amount). The moment the party pays, they walk free.
- Criminal contempt is designed to punish past misconduct. The sentence is fixed and cannot be purged by belated compliance. Criminal contempt in family law is rare and requires heightened procedural protections (right to counsel, proof beyond a reasonable doubt).
Common Contempt Situations
- Failure to pay child support
- Failure to pay alimony
- Denying court-ordered time-sharing
- Failure to transfer titled assets as ordered
- Failure to refinance the marital home as required by the judgment
- Failure to maintain required life or health insurance
- Failure to pay court-ordered attorney's fees
- Non-payment of uncovered medical, dental, or extracurricular expenses
- Violation of a domestic-violence injunction
What the Moving Party Must Prove
To obtain a civil contempt finding in Florida, the moving party must prove:
- A valid court order existed.
- The other party had knowledge of the order.
- The other party willfully failed to comply.
For child-support contempt, Florida applies a presumption of ability to pay based on the original order — once the moving party proves a prior ability to pay and current non-payment, the burden shifts to the delinquent parent to prove inability.
Defenses to Contempt
Common defenses — any one can defeat a contempt finding:
- Inability to pay— the obligor truly does not have the financial resources to comply, despite good-faith efforts. This is the most common defense and requires financial documentation.
- Ambiguity— the order is unclear and a reasonable person could read it differently.
- Lack of willfulness— the failure was not intentional (automatic withdrawals failed, the obligor was hospitalized, etc.).
- Impossibility— complying is actually impossible due to circumstances beyond the obligor's control.
- Estoppel or waiver— the other party agreed to (or acquiesced in) the deviation from the order.
Contempt Remedies
The court has broad discretion in fashioning remedies:
- Order to pay the arrearage on a specific schedule, with a purge amount that must be paid immediately
- Income deduction ordering the employer to withhold directly from wages
- Makeup time-sharing for the parent whose time was denied
- Attorney's fees and costs awarded to the moving party
- Driver's license suspension for support arrearages
- Passport denial and interception of tax refunds and lottery winnings
- Fines
- Jail, with a purge amount, for sustained willful nonpayment
- In extreme cases, modification of the parenting plan itself, including sole parental responsibility to the compliant parent
Time-Sharing Denial: Specific Remedies
Florida has specific statutory remedies for parents who deny court-ordered time-sharing (§61.13(4)(c)):
- Extra time-sharing to make up for the denied periods
- Reimbursement of travel costs and lost income
- Mandatory attendance at a parenting course
- Community service
- Attorney's fees
- Modification of the parenting plan where the denial pattern is severe
Contempt vs. Modification
A parent facing contempt for nonpayment should almost always file a parallel modification petitionif their income has dropped. Modification doesn't retroactively excuse missed payments, but it stops the bleeding going forward and can influence how a contempt judge fashions the purge.
How I Can Help
Whether you need to enforce a judgment against a noncompliant spouse or defend against a contempt motion, I can help. Call 904-858-4334 or contact me online.