Contempt of court in family law refers to a judge's finding that one party willfully violated a court order. This can include failing to pay child support, denying the other parent their court-ordered timesharing, or refusing to follow a parenting plan. If you're facing a contempt of court issue in Florida, it's essential to understand your rights and the potential consequences.
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What Is Contempt of Court?
Contempt of court is a legal finding that a person has willfully disobeyed a court order. In Florida family law, that means a parent, spouse, or former partner has been found to have ignored something a judge specifically told them to do, whether that is paying child support or alimony, following a time-sharing schedule, complying with a parenting plan, or staying away from someone under a protective order.
Being held in contempt is not a criminal conviction in most family law cases. It is the court's formal way of saying: this order was real, you knew about it, and you chose not to follow it. Under Florida law, the consequences that follow are designed either to force compliance or to compensate the other party for the harm caused by the violation.
If you have received a contempt motion, the timeline for responding is short, and the stakes are real. Understanding your position under Florida law is an important first step. And if you are the one trying to enforce an order that the other party keeps ignoring, you have the right to pursue every available avenue of enforcement. Segarra & Associates, P.A. handles contempt of court matters in Florida family law cases and is available to discuss your situation in a confidential consultation.
What to Do If You're Facing Contempt of Court
Steps to Take Right Away
If you have received a Motion for Civil Contempt/Enforcement (Florida Supreme Court Approved Family Law Form 12.960), a notice of hearing, or a warning about a potential contempt action, take these steps immediately:
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Do not ignore any court paperwork or court dates. Under Florida Rule 12.615, if you fail to appear at a properly noticed contempt hearing, the court may issue a writ of bodily attachment for your arrest.
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Gather any documentation that shows your efforts to comply, such as payment records, communication logs, or medical or financial records explaining why compliance was difficult.
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Avoid any communication with the other party that could appear hostile or threatening, as this can be used against you in the hearing.
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Write down a clear timeline of what the order required, what you did or did not do, and why.
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Contact a Florida family law attorney before the hearing date.
If you are the one filing a contempt motion because the other party is violating a court order, document every violation carefully. For time-sharing violations, keep a detailed log with dates, times, and the specific terms of the parenting plan that were ignored.
How Our Firm Helps With Contempt of Court Matters
At Segarra Law Firm, we handle contempt of court matters in Florida family law cases on both sides, representing parents and parties who need to enforce court orders, and those who are accused of violating them.
When you come to us, we start by reviewing the court order, the alleged violation, and the full context of your situation. From there, we assess your legal position and your options clearly and honestly, so you know what you are actually facing under Florida law.
For clients accused of contempt of court, we work to evaluate whether the contempt allegation meets the legal requirements under Rule 12.615, identify any available defenses, including inability to comply, present evidence of your financial circumstances to challenge the presumption of ability to pay, and represent you at the contempt hearing.
For clients pursuing contempt of court, child support enforcement or time-sharing violations, we work to build a strong evidentiary record, prepare and file the motion correctly under Florida procedure and advocate for court action consistent with the enforcement remedies available under Florida law.
Contempt of court, family law matters in Florida are not just legal problems. They are personal ones. We treat every case that way.
What Happens If You Are Found in Contempt of Court?
A contempt finding is not something to brush aside. Courts take violations seriously, and the consequences can follow you well beyond the hearing itself.
Contempt of Court Penalties and Possible Jail Time
Contempt of court penalties in Florida vary depending on the type of contempt, the nature of the violation, and the judge overseeing the case. Under Florida Family Law Rule of Procedure 12.615, sanctions for civil contempt can include:
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Fines, which may be coercive (assessed to pressure compliance) or compensatory (assessed to reimburse the other party for actual losses)
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Payment of the other party's attorney's fees and court costs, which the court may order under Florida Statute 61.16 after considering the parties' financial resources and ability to pay
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Wage garnishment or income deduction orders for unpaid support
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Suspension of a driver's license or professional license
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Incarceration, subject to a required purge provision
Common Situations That Lead to Contempt of Court
Contempt actions come up in many different legal situations. Knowing what triggers them helps you understand your risk and your options.
Contempt of Court in Family Law and Child Support
Contempt of court in family law cases is among the most common in Florida circuit courts. Judges issue orders every day covering child support, time-sharing schedules, parenting plans, and other family obligations. When one party consistently ignores those orders, the other party has the right to ask the court to act.
The most common Florida family law contempt triggers include:
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Failing to pay court-ordered child support
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Denying the other parent their court-ordered time-sharing with the children
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Refusing to follow a parenting plan
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Hiding assets or failing to make financial disclosures ordered by the court
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Ignoring restraining orders or protective orders
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Failing to attend a required parenting course as ordered under Florida Statute 61.21
If you are wondering how to prove contempt of court for denying time-sharing or visitation, contempt generally requires establishing that a valid court order existed, that the other party was aware of it, and that the violation was willful. The specific facts of your situation determine whether those elements can be proven.
In Florida, documentation is important: text messages, records of missed exchanges, communication logs, and witness statements are the types of evidence that typically support a contempt motion. An attorney familiar with Florida contempt proceedings can review your circumstances and advise you on the strength of a potential motion.
Contempt of Court in Divorce
Contempt does not only arise in child support and time-sharing disputes. It is also common in divorce proceedings and the enforcement of other court orders. Situations that frequently result in contempt findings in this context include:
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Refusing to comply with financial disclosure orders during divorce proceedings
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Hiding or dissipating marital assets in violation of a court restraining order
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Failing to pay court-ordered spousal support or alimony
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Violating a domestic violence protective order issued during or after a divorce
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Courts treat these violations seriously because they directly undermine the purpose of the family court process. A judge who issued a property division order or a support order expects it to be followed. When it is not, contempt is one of the most effective enforcement tools available.
Frequently Asked Questions
What happens if you're held in contempt of court?
Being held in contempt is not just a slap on the wrist—it means the Court has found that you willfully violated a court order.
In family court, judges have a wide range of tools to enforce compliance, including:
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Ordering you to pay the other party's attorney's fees
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Wage garnishment
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Suspension of your driver's license
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Fines
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And in some cases, even jail time
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In most family law cases, this is civil contempt, which means the punishment is designed to force compliance—not just punish you. In other words:
You hold the keys to your own release—comply with the order, and the sanctions can stop.
However, if the court imposes compensatory fines (to reimburse the other party), those do not go away just because you later comply.
What is the punishment for contempt of court in Florida?
The answer depends on the type of contempt—and that distinction matters.
In family law cases, courts typically deal with civil contempt, where the goal is to get you back into compliance. That can include:
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Payment of arrears
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Attorney's fees
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Ongoing fines
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In extreme cases, incarceration until compliance
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There is also criminal contempt, which is less common but more serious. That is punishment for past conduct, not a way to force compliance.
Under Florida law, criminal contempt penalties can include:
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Up to 12 months in jail
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Up to a $500 fine
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Bottom line: the court has significant power to enforce its orders—and it will use it when necessary.
What does “contempt of court” actually mean?
Contempt of court means the judge has found that you had the ability to comply with a court order—and chose not to.
That “willfulness” piece is critical.
This is not about honest mistakes or misunderstandings. It is about:
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Ignoring a court order
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Choosing not to follow it
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Or acting in a way that undermines the court's authority
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In family law, this often comes up when someone:
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Stops paying support
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Refuses to follow a parenting plan
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Ignores clear directives in a final judgment
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Courts expect compliance—not negotiation after the fact.
What are common examples of contempt in Florida family law?
In my experience, the most common situations involve:
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Failing to pay court-ordered child support or alimony
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Denying the other parent their court-ordered timesharing
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Refusing to follow a parenting plan
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Ignoring orders to divide or transfer assets after a divorce
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Violating a domestic violence injunction
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These issues are not taken lightly. If there is a court order in place, the expectation is simple: follow it. And when that does not happen, contempt proceedings are how the court steps in and enforces compliance.
Talk to a Lawyer About a Contempt of Court Issue
Contempt of court matters move quickly, and the window to protect yourself or enforce your rights can close faster than you expect. Whether you are defending against a contempt accusation or trying to hold the other party accountable for violating a court order, having experienced legal representation can make a meaningful difference in how your case is prepared and presented.
Contempt matters in Florida family law often involve the issues that matter most: time with children, financial stability, and long-term family arrangements. We approach each case with that in mind.
If you are facing contempt of court issues, do not wait. Contact our firm today for a confidential consultation to understand your rights and next steps.
Schedule a Confidential Consultation with Our Experienced Attorneys
Call Segarra & Associates, P.A. at (305) 742-5042
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