What It Really Means to Be in Contempt of Court in Family Law

In family court, ‘Contempt’ means someone’s on the wrong side of a court order, and they might be about to face the consequences. It can come up when someone’s been told what to do by a judge and ignores it. That includes skipping alimony payments, denying time-sharing, or just pretending a parenting plan doesn’t exist. Whether it’s coming from spite or avoidance, the effect is the same: the law gets involved.

When Courts Find Someone in Contempt

To be found in contempt, three things usually have to be true: there was a clear court order, the person knew about it, and they willfully disobeyed it. Not just “they didn’t do it,” but that they could’ve done it and chose not to.

Here’s what that looks like in real life:

• Unpaid Support: If someone owes child support or alimony and stops paying, the court wants more than “I didn’t have it.” The law expects proof. Lost your job? Show pay stubs or bank statements.
• Denied Parenting Time: Parents don’t get to rewrite the schedule. If one keeps a child from the other during their court-ordered time, that’s contempt. The same goes for keeping the child longer than allowed.
• Violating Parenting Plan Terms: Orders about drop-offs, co-parenting classes, or communication rules are court orders, not suggestions.

Civil or Criminal

There’s civil contempt, which is meant to push someone back into compliance. Think of it like the court saying, “Fix this now, or else.” The person might be ordered to pay what they owe or follow the parenting plan-or face consequences until they do.

Then there’s criminal contempt. That’s when someone disrespects the court itself and jail time and fines are on the table. Because the stakes are higher, the protections are too: a right to counsel, a trial, and formal procedures.

What the Court Can Do

Penalties depend on what happened and how far things have gone. Courts have options, and they use them.

• Fines: These often come alongside orders to reimburse the other party’s legal fees.
• Incarceration: More common in criminal contempt or repeated violations. Jail isn’t automatic, but it’s not rare either.
• Make-Up Time: If a parent misses time with their child, the court can order compensatory visitation.
• Wage Garnishment: For unpaid support, the court can pull from paychecks or tax refunds.
• License Suspension: Driving and professional licenses can be suspended if someone refuses to comply.
• Mandatory Classes or Counseling: Sometimes the solution is behavioral. Courts can order parenting classes or therapy to get things back on track.

Florida courts often give people a chance to “purge” the contempt. They can avoid harsher penalties by catching up on payments and following the order.

If You’re the One Affected

If the other party is ignoring the court’s order, don’t just vent about it. Do something.

• Document Everything: Missed payments. Missed time. Texts. Emails. Keep a clear record.
• File a Motion for Contempt and Enforcement: This gets the court involved.
• Mediation: Be ready. Many Florida judges send these cases to mediation before holding a full hearing.
• Ask for Relief: Attorney’s fees. Make-up time. Direct enforcement. The court can grant all of these if it finds contempt.

If You’re Accused

Don’t ignore it. Courts don’t tolerate silence, so show up and bring documentation. If you truly couldn’t comply, prove it. The more you can show that this wasn’t a choice, the better chance you have of avoiding punishment.

Call Petkovich Law Firm

If you’re dealing with contempt in a family law case, whether you’re enforcing an order or defending against an accusation, the team at Petkovich Law Firm can help. Call (305) 358-8003 to talk with someone who takes your case seriously, without sugarcoating what it takes to resolve it.