The Real Guide to Contempt & Enforcement in Florida Family Law

Start Here: What Contempt Actually Is (and Isn't)

Contempt is not “they're being difficult.”

Contempt is when:
There is a clear, specific court order
The other party knows about it
They have the ability to comply
And they choose not to

If you can't prove all four, you don't have contempt—you have frustration.

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Step 1: Identify the Order You're Enforcing

You need an actual enforceable order. Not:
Verbal agreements
Text messages
“What we usually do”

It has to be something signed by a judge.

And it has to be clear.

“Reasonable timesharing” is not enforceable.
“Exchange at 6:00 PM at X location” is.

If the order is vague, your problem is not contempt—it's that you need a modification or clarification.

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Step 2: Break Down the Violation

You need to be specific. Judges don't deal in general complaints.

Not:
“They never pay support.”

Instead:
“The order requires $1,200/month. No payments made for January, February, and March.”

Not:
“They mess with the schedule.”

Instead:
“The order requires Friday exchanges at 6 PM. Exchanges were missed on [dates].”

Contempt is built on details and dates.

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Step 3: File a Motion for Contempt/Enforcement

This is where most people mess up.

Your motion should clearly state:

There is a valid court order (attach it or reference it)
Exactly what the order requires
Exactly how the other party violated it
That they had the ability to comply
That their failure is willful
What harm you suffered
What you are asking the court to do

If your motion reads like a rant, you've already lost credibility.

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Step 4: Serve the Other Side Properly

Filing is not enough.

If the other party has an attorney → serve through the attorney
If they don't → proper service is required depending on the situation

No notice = no hearing.

Judges will not move forward if due process isn't met.

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Step 5: Set an Evidentiary Hearing

This is not a 5-minute hearing.

You are asking the court to make findings:
Willfulness
Ability to comply
Violation of a court order

That means evidence and testimony.

You must coordinate time with the court and properly calendar it.

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Step 6: Send a Notice of Hearing

This sounds basic—but people mess it up constantly.

You must:
File the Notice of Hearing
Send it to the other side
Include date, time, and location

If this isn't done correctly, your hearing gets canceled or continued.

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Step 7: Prepare Your Evidence (This Is Where Cases Are Won or Lost)

You are not showing up to “tell your story.”

You are proving:

The order exists → bring a copy
They knew about it → prior filings, emails, court presence
They had the ability to comply → income records, schedules, etc.
They didn't comply → payment records, texts, logs, screenshots

Organize everything.

If you're flipping through your phone in court, you're already behind.

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Step 8: What You Have to Prove in Court

For civil contempt in Florida, the court is looking for:

A valid order
Clear violation
Present ability to comply
Willful refusal

Miss one of these, and your motion fails.

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Step 9: What the Court Can Do (This Is Why You File)

If contempt is proven, the court has real power.

The judge can:
Order immediate compliance
Set purge conditions (pay X by Y date)
Award arrears or unpaid amounts
Award makeup timesharing
Order attorney's fees and costs
Impose sanctions

In some cases, the court can even order incarceration—but only if there is a present ability to comply and a clear purge provision.

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Step 10: Prepare the Order After the Hearing

Winning in court is not the end.

If there is no written order, you have nothing enforceable.

You (or your attorney) typically prepare:
The written contempt order
The findings
The relief granted
Any purge conditions

Then submit it for the judge's signature.

No order = no enforcement.

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Common Mistakes That Kill Contempt Cases

Trying to enforce vague language
Filing emotionally instead of factually
Not proving ability to comply
Showing up without evidence
Failing to properly notice the hearing
Asking for relief but not specifying what that means

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The Bottom Line

Contempt is not about being right.
It's about proving violation of a clear order with evidence.

If you do it correctly, the court will enforce its orders.
If you don't, you're just another frustrated litigant telling a story the court can't act on.

Stop arguing with the other party.
Start building your case.