Contempt Of Court In Florida Family Law Cases: What It Means

Few phrases sound as serious in a courtroom as “contempt of court,” and in family law cases, that seriousness is well earned. Whether the issue is unpaid child support, a parent who refuses to follow a custody schedule, or a spouse who ignores a financial order from a divorce judgment, contempt is one of the main tools Florida courts use to make sure their orders are actually followed.

What contempt actually means

Contempt of court in a family law case generally refers to the willful failure to follow a valid court order. The key word is willful. A parent or spouse who genuinely cannot comply, for example, someone who lost a job and truly cannot pay support, is treated differently than someone who has the ability to comply but simply chooses not to.

Florida recognizes two types of contempt. Civil contempt is designed to compel future compliance, not to punish past behavior, and it always comes with a way for the person to “purge” the contempt by doing what the order requires. Criminal contempt, by contrast, is meant to punish someone for defying the court and carries a fixed penalty regardless of later compliance. Criminal contempt requires a higher burden of proof and additional due process protections.

How the process works

Civil contempt proceedings in Florida family law matters are governed by Florida Family Law Rule of Procedure 12.615. The rule requires that the person accused of contempt receive proper notice and a real opportunity to be heard before any sanctions are imposed. At the hearing, the party asking for contempt has to show that a valid order existed, that the other party did not comply, and that the other party had the ability to comply but failed to do so anyway.

What can happen if a court finds contempt

Judges have a range of tools available once contempt is established. These can include ordering payment of the other party’s attorney’s fees and costs, imposing fines, requiring makeup time-sharing in custody cases, garnishing wages, or in more serious cases, incarceration. Even when jail time is on the table, Florida law requires the court to include a purge provision, meaning the person has a clear way to get out of custody by complying with the order.

Why contempt actions matter

Contempt is not about punishing someone for the sake of punishment. It exists to give real weight to court orders so that time-sharing schedules, support obligations, and other family law rulings actually mean something. Without it, a parenting plan or a support order would be little more than a suggestion.

If you believe the other party in your case has willfully ignored a court order, or if you have been accused of contempt yourself, the stakes are high enough that getting experienced legal guidance early is important.

Talk to a Tampa, FL, Family Law Attorney Today

Our Tampa family law attorneys at Faulkner Law Group, PLLC, represent the interests of Tampa residents pursuing or defending against contempt actions in family law cases. Call our office today to schedule an appointment, and we can begin discussing your situation right away.

Source:

media.floridabar.org/uploads/2026/05/2026_04-OCT-Family-Law-Rules-of-Procedure-10-1-2025-1.pdf