Contempt of Court in Florida Family Law
When one party willfully refuses to comply with a court order in a family law matter—such as failing to pay child support, alimony, or violating a parenting plan—the court may enforce compliance through contempt proceedings. Contempt is considered one of the harshest enforcement tools because it can result in fines, suspension of rights, or even incarceration.
In Florida, contempt is not about punishing someone for a simple debt. Instead, it is used when a person fails to meet a legal duty imposed by the court, such as supporting a child or former spouse. The Florida Constitution prohibits imprisonment for failure to pay ordinary debts, but the courts recognize that family support obligations are not mere debts—they are legal duties owed to dependents and society.
Florida courts have consistently upheld the use of contempt to enforce obligations such as child support, alimony, attorney’s fees tied to custody or visitation, and compliance with parenting plans. However, not every financial obligation in a divorce can be enforced through contempt—property division and certain debts, for example, may not qualify.
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Civil vs. Criminal Contempt
Florida law recognizes two forms of contempt:
- Civil Contempt – Designed to coerce compliance with court orders. For example, a parent may be held in civil contempt until they begin paying past-due child support.
- Criminal Contempt – Intended to punish disobedience and preserve the authority of the court. For example, showing disrespect to a judge in open court may result in direct criminal contempt charges.
Additionally, contempt can be direct (occurring in front of the judge, such as using obscene language in court) or indirect (occurring outside the courtroom, such as refusing to pay child support).
When Contempt May Apply in Florida Family Law
Contempt may be used to enforce:
- Failure to pay child support or alimony.
- Violating a parenting plan or custody order.
- Failure to comply with court-ordered attorney’s fees related to custody or support.
- Violating injunctions or restraining orders in domestic violence cases.
- Failing to follow orders regarding shared parental responsibility.
Contempt typically does not apply to:
- Failure to pay property settlement obligations not tied to support.
- Obligations based on agreements not incorporated into a final judgment.
Possible Penalties for Contempt in Florida
If found in contempt of court, penalties may include:
- Fines – Monetary penalties imposed by the court.
- Incarceration – Jail time until compliance is achieved (civil contempt) or as punishment (criminal contempt).
- Suspension of licenses or privileges – In some cases, driving privileges or professional licenses may be suspended for non-payment of child support.
- Attorney’s Fees – The violating party may be ordered to pay the other side’s legal costs.
Why You Need an Attorney
Contempt proceedings are serious, with life-altering consequences. If you are accused of contempt, or if you need to enforce a court order against a non-compliant spouse or parent, having a skilled Florida family law attorney is critical. An experienced lawyer can:
- Defend against allegations of contempt.
- Present evidence of inability to pay (if applicable).
- File motions to enforce child support, alimony, or parenting orders.
- Ensure due process protections are followed.
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John McGuire’s commitment is to provide you with the prompt, personal attention you deserve at every stage of representation. We take the time to listen to your concerns and provide you with the advice you need to proceed in the right direction, and we keep you informed as your case develops.
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Frequently Asked Questions
Contempt proceedings in Florida family law can feel overwhelming, especially if you are unsure of what qualifies as contempt or what the potential consequences might be. Many people facing these situations ask the same kinds of questions: Can I really go to jail for not paying child support? What happens if my ex refuses to follow the parenting plan? Can contempt be used to enforce all parts of a divorce order, or only certain ones?
Because contempt is a powerful tool used by the courts, it is also one of the most misunderstood. Contempt doesn’t apply to every unpaid bill or unfulfilled agreement between former spouses—it applies specifically to violations of court orders involving family law obligations such as child support, alimony, custody arrangements, parenting plans, and sometimes attorney’s fees. The stakes are high, as contempt can lead to fines, suspended licenses, or even jail time, making it critical to understand your rights and options before you step into court.
Whether you are the party seeking enforcement or the one defending against allegations of contempt, knowing how Florida courts approach these issues can make all the difference. The following FAQs address some of the most common questions about contempt in Florida family law cases to help you gain clarity and prepare for the legal process ahead.
Contempt occurs when someone willfully disobeys a valid court order, such as refusing to pay child support, violating custody arrangements, or ignoring alimony obligations.
Yes. Because child support is considered a duty of support—not just a debt—courts may use incarceration to enforce compliance.
Civil contempt is meant to coerce compliance (e.g., paying overdue support), while criminal contempt punishes a violation to preserve the court’s authority.
Generally, no. Obligations tied strictly to property division or debts unrelated to support cannot be enforced through contempt.
Yes, if the fees are tied to enforcing child support, custody, or alimony obligations. Florida courts consider these essential to the best interests of the child and family.
You may defend against contempt by proving a legitimate inability to pay. However, this must be demonstrated with evidence of your financial situation.
Direct contempt occurs in the judge’s presence (e.g., insulting the court). Indirect contempt happens outside court, such as non-payment of child support.
Yes. Contempt is a serious matter with potential jail time. A family law attorney can present your case, protect your rights, and seek alternatives to incarceration.