When a Florida court enters a final judgment in a divorce or paternity case, the terms of that order are legally binding. Whether the judgment involves child support, alimony, time-sharing, or property division, both parties are required to comply. But what happens when one party refuses to follow the court’s order? In these cases, contempt proceedings become an essential legal tool to compel compliance and enforce accountability.
Contempt is a powerful remedy, but it’s also subject to strict procedural and evidentiary requirements. Courts do not automatically assume bad faith, and the burden of proof lies with the party alleging non-compliance. The process involves a detailed legal strategy that includes gathering evidence, drafting persuasive pleadings, and advocating effectively before a judge.
If you’re dealing with a non-compliant former spouse or co-parent—or if you’re being accused of contempt—it’s critical to work with a knowledgeable Tampa divorce attorney. With the right legal guidance, you can initiate or defend against contempt proceedings and protect your rights under Florida law.
What Is Contempt?
Contempt of court is a legal mechanism used to enforce compliance with a court order. In Florida family law, contempt can be civil or criminal, but most post-judgment enforcement actions involve civil contempt.
A party can be held in civil contempt if:
- There is a valid, clear court order in place
- The other party had the ability to comply with the order
- The other party willfully refused or failed to comply
The purpose of civil contempt is not punishment but coercion—to compel the non-compliant party to follow the order. In contrast, criminal contempt is punitive and reserved for egregious or repeated violations.
A Tampa divorce attorney will identify the appropriate type of contempt and structure the legal strategy accordingly.
Common Violations That Lead to Contempt
Contempt can be used to address various types of violations in post-divorce or post-judgment cases, including:
1. Failure to Pay Child Support
This is one of the most common bases for contempt. If a parent fails to pay court-ordered child support, the receiving parent can initiate enforcement proceedings.
The court may order:
- Wage garnishment
- Seizure of tax refunds
- Suspension of licenses
- Jail time in extreme cases
A Tampa divorce attorney will prepare the necessary financial records to demonstrate the amount owed and the pattern of non-payment.
2. Failure to Pay Alimony
Spousal support obligations are enforceable through contempt proceedings. The court will examine the payor’s ability to pay and any claims of financial hardship.
If the court finds that the failure was willful, it may:
- Enter a judgment for arrears
- Order lump-sum or installment payments
- Incarcerate the payor until compliance is achieved
A Tampa divorce attorney can help prove whether the payor has the ability to comply.
3. Violations of Parenting Plans
Contempt is available when a parent:
- Denies court-ordered time-sharing
- Fails to return the child as scheduled
- Interferes with communication
- Fails to follow transportation terms
The court may:
- Award make-up time
- Modify the parenting plan
- Fine or jail the non-compliant parent
- Order supervised visitation
A Tampa divorce attorney will document time-sharing violations using logs, messages, and witness testimony.
4. Failure to Transfer Property or Assets
If a party refuses to transfer property awarded in the divorce decree—such as a vehicle, title, bank account, or personal items—the court can order compliance through contempt.
Judges may issue:
- Specific orders to sign documents
- Deadlines with penalties
- Attorney’s fee awards
- Jail time for continued refusal
A Tampa divorce attorney can enforce property transfer obligations quickly and effectively.
Legal Elements Required for Contempt
To succeed in a contempt action, the moving party must prove the following:
- Existence of a Clear Order
The court order must clearly spell out what the person was required to do. Ambiguous orders are difficult to enforce through contempt. - Knowledge of the Order
The non-compliant party must have been properly served or otherwise informed of the order. - Willful Non-Compliance
The failure to follow the order must be intentional, not due to misunderstanding, impossibility, or mistake. - Present Ability to Comply
For coercive sanctions, the non-compliant party must be shown to have the ability to comply at the time of the hearing.
A Tampa divorce attorney will build the evidentiary record to satisfy each of these requirements.
The Contempt Process Step-by-Step
Step 1: File a Motion for Contempt and Enforcement
The process begins with the filing of a motion, often titled “Motion for Contempt and Enforcement.” The motion must:
- Identify the specific court order that was violated
- State how the violation occurred
- Provide supporting documentation
- Request relief (e.g., payment, make-up time, sanctions)
A Tampa divorce attorney will draft this motion with precision to ensure the court has jurisdiction and clarity.
Step 2: Serve Notice to the Respondent
The alleged violator must be properly notified of the motion and hearing date. This ensures due process.
Service may be accomplished by:
- Personal service (by process server or sheriff)
- Mail or email (if permitted)
- Hand delivery at court
Failure to serve notice can result in dismissal.
Step 3: Attend the Hearing
Both parties appear before the judge. The movant presents evidence of non-compliance. The respondent may:
- Deny the violation
- Claim inability to comply
- Present mitigating circumstances
The court may ask direct questions, take witness testimony, and review financial documents.
A Tampa divorce attorney will present a structured argument and cross-examine effectively.
Step 4: Court Ruling
If the court finds contempt, it may:
- Order immediate compliance
- Set a payment plan
- Award attorney’s fees
- Impose fines or jail (for continued violations)
If the court finds no contempt, the motion is denied—but future violations may lead to renewed enforcement.
Remedies Available in Contempt Cases
Civil Contempt Sanctions
Civil contempt remedies are designed to force compliance. They may include:
- Coercive Incarceration: The violator is jailed until they comply. They must have the “keys to the jail,” meaning the ability to perform the required act.
- Purge Conditions: The court sets conditions the violator must meet to avoid or end incarceration (e.g., pay $2,000 by a set date).
- Make-Up Time: For parenting violations, the court can order compensatory time.
- Monetary Judgments: For unpaid support or property, the court may enter a judgment collectible like any civil debt.
Criminal Contempt
Reserved for disruptive behavior in court or repeated willful violations, criminal contempt may result in:
- Fines
- Jail sentences (with no purge condition)
- Probation or community service
Procedural rights in criminal contempt cases include the right to counsel and proof beyond a reasonable doubt.
A Tampa divorce attorney will help determine which remedy is appropriate or defend against excessive sanctions.
Defenses to Contempt Allegations
A respondent facing contempt allegations may raise several defenses:
- Lack of Knowledge: The party was unaware of the order or its requirements.
- Ambiguity: The order was too vague to enforce.
- Inability to Comply: The violation was due to lack of funds, job loss, illness, or other legitimate cause.
- Partial Compliance: The party made good-faith efforts to comply as much as possible.
- Improper Service: The party was not properly notified of the order or hearing.
A Tampa divorce attorney will gather evidence to support defenses and avoid unfair punishment.
Attorney’s Fees in Contempt Proceedings
Florida courts frequently award attorney’s fees to the prevailing party in contempt cases. If a party is found in contempt, they may be ordered to:
- Pay the other party’s reasonable attorney’s fees
- Pay court costs associated with enforcement
- Reimburse missed work or child care costs for attending hearings
This is designed to discourage non-compliance and protect the innocent party.
A Tampa divorce attorney will include a fees request in all appropriate enforcement motions.
Contempt vs. Modification
If a party is truly unable to comply with a court order—due to unemployment, disability, or other lasting change—they should petition to modify the order, not simply stop complying.
For example:
- A parent who loses their job should seek a child support modification, not wait for contempt.
- A party unable to meet time-sharing terms due to relocation should request a parenting plan modification.
Failing to pursue modification can lead to contempt—even if the underlying change is legitimate.
A Tampa divorce attorney will assess whether modification is a better alternative to facing or filing for contempt.
Contempt and Repeat Violations
Florida courts take a progressive approach to repeat violations. A party found in contempt multiple times may face escalating consequences:
- More severe fines
- Longer jail time
- Modification of custody or support
- Permanent enforcement mechanisms (e.g., automatic wage deductions)
Persistent non-compliance may also influence future rulings on parenting, credibility, or equitable relief.
A Tampa divorce attorney will document a pattern of violations to justify stronger sanctions or defend against accusations of willful defiance.
FAQ
Q: What is the difference between civil and criminal contempt?
A: Civil contempt is used to compel compliance (e.g., pay support). Criminal contempt punishes disrespect or repeated violations and may include jail without purge conditions.
Q: Can I go to jail for contempt in family court?
A: Yes. If the court finds willful non-compliance and you have the ability to comply, it may order incarceration until you do so.
Q: How do I prove my ex violated the parenting plan?
A: Keep detailed records, messages, missed exchange dates, and witness statements. Present them at the hearing with your Tampa divorce attorney.
Q: What if I can’t afford to pay support due to job loss?
A: File a motion to modify your support obligation. If you simply stop paying, you may face contempt even if you lost your job.
Q: Can I ask for attorney’s fees in a contempt case?
A: Yes. Courts often award fees to the prevailing party in contempt proceedings to cover enforcement costs.
Q: How long does a contempt case take in Florida?
A: Timelines vary. A simple contempt case may take a few weeks. More complex matters involving discovery or hearings may take months.
Q: What happens at a contempt hearing?
A: The judge hears evidence, allows both parties to testify, and rules on whether contempt occurred. Sanctions may be imposed immediately.
Q: Can contempt be used to enforce property division?
A: Yes. If a spouse refuses to transfer property or assets awarded in the divorce, contempt can compel compliance.
Q: Is it contempt if the order is unclear?
A: No. Contempt requires a clear and specific order. Ambiguous language is not enforceable through contempt.
Q: Can I defend against contempt without a lawyer?
A: You can, but it’s risky. Contempt can result in jail, and a Tampa divorce attorney can protect your rights and help you present a strong defense.
When a party refuses to follow a court order, the legal system offers powerful tools to enforce compliance—but only if those tools are used correctly. Contempt proceedings are an effective way to compel support payments, protect parenting rights, and uphold the integrity of a final judgment. At the same time, these proceedings demand strategic preparation and careful adherence to procedural rules. Whether you’re initiating enforcement or defending against accusations of contempt, a skilled Tampa divorce attorney is your best ally. With the right legal strategy, you can turn frustration into resolution—and restore fairness to your case.
The McKinney Law Group: Your Tampa Divorce Questions—Answered
Confused about how divorce works in Florida? You’re not alone. At The McKinney Law Group, we help Tampa clientsget the answers they need with honest, straightforward legal guidance.
We explain:
✔ How property is divided in Florida divorces
✔ What factors determine alimony and child support
✔ The differences between contested and uncontested divorce
✔ How to protect your rights from day one
✔ What to expect at every stage of the process
Call 813-428-3400 or email [email protected] for clear legal advice.