What is Florida's process for filing a motion for contempt in a family law case?

You file a Motion for Civil Contempt/Enforcement in the same family law case that entered the order, under the same case number. Florida has no separate order-to-show-cause step; Florida Supreme Court Approved Family Law Form 12.960 covers the motion, and companion Form 12.961 covers the hearing notice.

Is Form 12.960 mandatory in Florida?

No. Form 12.960's own instructions say a filer may use it, which makes it optional rather than a mandatory statewide form. Some circuits publish a local contempt packet that bundles Form 12.960 with county cover sheets, but the underlying form is still the statewide Form 12.960.

Does a Florida judge have to find ability to pay before ordering jail for unpaid support?

If the other parent appears at the hearing, the court must determine whether they had the present ability to pay and willfully failed to pay; a contempt finding or jail is not automatic (Fla. Fam. L. R. P. 12.615(c)(2)(A)). If they fail to appear, the court may instead set a reasonable purge amount and issue a writ of bodily attachment (Fla. Fam. L. R. P. 12.615(c)(2)(B)), and an arrested person may be held up to 48 hours before a hearing. If jail is ordered, the order must include a purge condition, and a jailed person must be brought back before the court within 48 hours to reconsider the ability to pay it.

What if I cannot afford to pay child support in Florida?

Inability to pay is a real defense, but Florida shifts the burden: once the original support order set your ability to pay, the law presumes that ability continues, and you must prove at the hearing that you cannot pay or purge the contempt (Fla. Stat. section 61.14(5)(a)). Document your circumstances and raise this at the hearing.

What should a Florida parent do if support is unpaid at the same time parenting time is being denied?

Do not withhold child support because parenting time was denied, and do not withhold parenting time because support is unpaid; either action can itself be treated as contempt in Florida. Instead, file a motion for civil contempt or enforcement to address the specific violation.

Is there a filing fee for a Florida motion for contempt?

No separate filing fee applies to a motion filed within an existing case in Florida, because Florida law bars charging a filing fee for a motion in a pending case (Fla. Stat. section 28.241(3)). Confirm current local practice with your circuit clerk, since costs like service fees may still apply.

What is the alternative to a Florida motion for contempt for unpaid child support?

The Florida Child Support Program, part of the Florida Department of Revenue, can pursue income withholding sent directly to an employer, license suspension, and collection from tax refunds or insurance settlements without a new court motion, and may resolve unpaid support faster than a contempt filing.

Can a Florida contempt hearing also change my child support or parenting plan?

No. A motion for contempt asks the court to enforce the existing order, not to change it. If you want different support amounts or a different parenting plan going forward, that requires a separate modification request, filed through a child support modification or parenting plan process rather than a contempt motion.

What if I feel unsafe or there is domestic violence involved in my Florida enforcement case?

A motion for contempt does not address personal safety. If you fear for your safety or a child's safety, pursue a protective order through Florida's restraining order process rather than relying on a contempt filing, and consider speaking with an advocate or attorney about how to proceed safely.

Florida Motion for Contempt

In support cases, Florida requires the hearing notice to carry a bodily-attachment warning and shifts the burden onto the other parent to prove an inability to pay once the original support order set their ability to comply.

Find out where you stand in Florida

What court order is not being followed?

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Introduction

In Florida, a parent or former spouse enforces a family court order by filing a Motion for Civil Contempt/Enforcement in the same case that entered the order, not by starting a new lawsuit or asking for an order to show cause. Florida Supreme Court Approved Family Law Form 12.960 covers this motion, with companion Form 12.961 to notice the hearing, but Form 12.960 is optional rather than mandatory; some circuits bundle it into a local contempt packet with county cover sheets, but the underlying form is still statewide Form 12.960. Florida's contempt rule does not state a specific number of days' notice before the hearing, so ask the clerk whether a local or administrative order sets one. In a support contempt case, the motion and notice may be served under Florida Rule of General Practice and Judicial Administration 2.516 as long as the notice is reasonably calculated to let the other parent know about the proceeding, and the notice itself must warn that failing to appear can lead to a writ of bodily attachment for arrest and up to 48 hours in jail before a hearing (Fla. Fam. L. R. P. 12.615(b)). For unpaid support, Florida law presumes the obligor still has the ability to pay once the original order set that ability, so the burden shifts to the obligor to prove inability to pay at the hearing (Fla. Stat. section 61.14(5)(a)); the court still must find present ability to pay and willful noncompliance before holding anyone in contempt, and nothing about that finding is automatic. Jail is a coercive last resort, not a punishment: if a judge orders it for a support violation, the order must include a purge condition the obligor can meet, and a jailed obligor must be brought back before the court within 48 hours to reconsider that condition. For unpaid child support, the Florida Child Support Program, a division of the Florida Department of Revenue, can pursue income withholding, license actions, and other collection tools without a new court motion, and may be faster. There is no separate filing fee for this motion in an existing case (Fla. Stat. section 28.241(3)). This page covers enforcement of a family law order already entered in a Florida case; it is not a way to modify support, custody, or a parenting plan, and it is not the process for seeking a protective order. Attorney review is available before you file.

Key Things to Know

1
Florida enforces a family law order through a Motion for Civil Contempt/Enforcement filed in the same case, not a new lawsuit. Florida Supreme Court Approved Family Law Form 12.960 covers this motion, but using it is optional, not mandatory. Some circuits bundle it into a local contempt packet with county cover sheets, but the underlying form is still Form 12.960.
2
Florida's contempt rule does not state a specific number of days' notice before a contempt hearing; ask the clerk whether a local or administrative order sets one. In a support contempt case, the motion and hearing notice may be served under Florida Rule of General Practice and Judicial Administration 2.516 as long as the notice is reasonably calculated to let the other parent know about the proceeding (Fla. Fam. L. R. P. 12.615(b)); personal service is safer than mail or email.
3
In a support contempt case, the rule requires the hearing notice to warn the other parent that failing to appear can lead to a writ of bodily attachment for arrest, and that an arrested person may be held in jail up to 48 hours before a hearing (Fla. Fam. L. R. P. 12.615(b)).
4
Once the underlying support order set the obligor's ability to pay, Florida law presumes that ability continues, and the burden shifts to the other parent to prove at the hearing that they cannot pay or comply (Fla. Stat. section 61.14(5)(a)).
5
A judge decides whether contempt occurred and what follows; nothing about that decision is automatic. If the court orders jail or a coercive fine for a support violation, it must set a purge condition the other parent can meet based on their present ability to comply, and must review that ability again within 48 hours if the person is jailed.
6
Do not stop paying child support because parenting time was denied, and do not withhold parenting time because support is unpaid. Either move can itself be treated as contempt; use this motion process instead of self-help.
7
For unpaid support, the Florida Child Support Program, part of the Florida Department of Revenue, can pursue income withholding and license actions without a separate court motion. For a proven, unexcused denial of parenting time, Florida law requires the court to award make-up time, not merely consider it (Fla. Stat. section 61.13(4)(c)(1)).

Key decisions before you file

Before you file a Motion for Contempt in Florida, a few decisions shape the document: which option to choose and what each one means. The Motion for Contempt guide walks through them.

Open the Motion for Contempt guide

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IN THE CIRCUIT COURT OF THE [ORDINAL] JUDICIAL CIRCUIT IN AND FOR [COUNTY] COUNTY, FLORIDA FAMILY LAW DIVISION

CASE NO. [CASE NUMBER]

[PETITIONER NAME], Petitioner/Movant, and [RESPONDENT NAME], Respondent.

MOTION FOR CIVIL CONTEMPT/ENFORCEMENT

[MOVANT NAME] moves this Court to enforce its prior order and states:

ORDER VIOLATED. On [DATE OF ORDER], this Court entered an order in this case, titled [ORDER TITLE]. A copy of the order is attached as Exhibit A.
WHAT THE ORDER REQUIRED. The order required [RESPONDENT NAME] to [OBLIGATION STATED IN THE ORDER].
WILLFUL FAILURE TO COMPLY. [RESPONDENT NAME] knew of the order, had the ability to comply, and willfully failed to do so. The essential facts constituting each violation are: [EACH VIOLATION WITH ITS DATE AND, IF SUPPORT, THE AMOUNT DUE AND UNPAID].
TOTAL AMOUNT OWED. [IF APPLICABLE: SUPPORT CLAIM] As of [DATE OF THIS MOTION], the total unpaid amount under the order is [TOTAL ARREARS AMOUNT].
RELIEF REQUESTED. Movant asks the Court to: a. find [RESPONDENT NAME] in contempt of the order described above; b. [IF APPLICABLE: SUPPORT CLAIM] enter a money judgment for the unpaid amount, plus interest; c. [IF APPLICABLE: TIME-SHARING CLAIM] award make-up time-sharing to compensate for time-sharing improperly denied, at Respondent's expense; d. [IF APPLICABLE: SUPPORT CLAIM] order income deduction or central-depository payment; e. set a coercive or compensatory fine, with a purge condition Respondent can meet based on Respondent's present ability to comply; f. only if the Court finds it necessary to secure compliance, order incarceration with a purge condition Respondent can meet, and issue a writ of bodily attachment if Respondent fails to appear; g. award Movant's reasonable attorney's fees and costs; and h. grant any other relief the Court deems just.

MOVANT'S OATH

I am swearing or affirming under oath that the statements in this motion are true, and I understand that knowingly making a false statement in this motion may be punished by a fine, imprisonment, or both.

[SIGNATURE OF MOVANT] [PRINTED NAME] [ADDRESS] [CITY, FLORIDA ZIP] [PHONE] [EMAIL]

Sworn to or affirmed and signed before me on [DATE] by [MOVANT NAME], who is personally known to me or produced [FORM OF IDENTIFICATION PRODUCED] as identification.

[SIGNATURE OF NOTARY PUBLIC OR DEPUTY CLERK] [PRINTED NAME OF NOTARY OR DEPUTY CLERK] My commission expires: [DATE]

CERTIFICATE OF SERVICE

I certify that a copy of this Motion for Civil Contempt/Enforcement, and the accompanying Notice of Hearing, was served on [RESPONDENT NAME OR COUNSEL OF RECORD] by [METHOD OF SERVICE] on [DATE OF SERVICE], in accordance with Florida Rule of General Practice and Judicial Administration 2.516, in a manner reasonably calculated to apprise Respondent of this proceeding (Fla. Fam. L. R. P. 12.615(b)).

[SIGNATURE] [PRINTED NAME]

Florida Requirements for Motion for Contempt

Filed in the Existing Case, Not a New Lawsuit
Civil contempt in a Florida family law matter is initiated by motion filed in the same case, under the same case number, that entered the order allegedly violated (Fla. Fam. L. R. P. 12.615(a)-(b), 12.570(d)).
Form 12.960 Is Optional, Not Mandatory
Florida Supreme Court Approved Family Law Form 12.960 (rev. 11/15) covers a Motion for Civil Contempt/Enforcement, but its own instructions say a filer may use it, so it is not a mandatory-use form. Local circuit contempt packets bundle Form 12.960 with county cover sheets; the underlying form is still Form 12.960.
Reasonable-Notice Standard for Service
Florida's contempt rule does not state a specific number of days' notice before a contempt hearing. In a support contempt case, the motion and notice may be served under Florida Rule of General Practice and Judicial Administration 2.516, provided notice is reasonably calculated to apprise the alleged contemnor of the pendency of the proceedings (Fla. Fam. L. R. P. 12.615(b)).
Required Bodily-Attachment Warning in the Hearing Notice
The notice of hearing on a support contempt motion must state that failure to appear may result in a writ of bodily attachment for arrest, and that an arrested person may be held in jail up to 48 hours before a hearing is held (Fla. Fam. L. R. P. 12.615(b)).
Burden Shifts to the Obligor to Prove Inability to Pay
Once an original support order set the obligor's present ability to pay, Florida law presumes that ability continues, and the obligor bears the burden at the contempt hearing of proving an inability to pay or purge the contempt (Fla. Stat. section 61.14(5)(a)).
Mandatory Purge Condition and 48-Hour Review if Jailed
If a court orders incarceration or a coercive fine for a support violation, it must set purge conditions based on present ability to comply, and a jailed contemnor must be brought before the court within 48 hours to redetermine present ability to pay the purge (Fla. Fam. L. R. P. 12.615(d)-(f)).
Mandatory Make-Up Time-Sharing for Denied Parenting Time
For a proven, unexcused denial of time-sharing, the court shall calculate the time-sharing improperly denied and award the affected parent sufficient make-up time, scheduled as expeditiously as possible and at the noncompliant parent's expense (Fla. Stat. section 61.13(4)(c)(1)).
No Separate Filing Fee for the Motion
Florida law bars imposing a filing fee on a motion filed within an existing case, so a motion for contempt filed in a pending family law case does not carry a new filing fee (Fla. Stat. section 28.241(3)).
Support Enforcement Through the Florida Child Support Program
As an alternative to a court motion, the Florida Child Support Program, a division of the Florida Department of Revenue, can enforce unpaid support through income withholding, license suspension, and collection from tax refunds or insurance settlements.

Find out where you stand in Florida

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Contempt Template with DocDraft

Florida Requirements for Motion for Contempt

Filed in the Existing Case, Not a New Lawsuit

Form 12.960 Is Optional, Not Mandatory

Reasonable-Notice Standard for Service

Required Bodily-Attachment Warning in the Hearing Notice

Burden Shifts to the Obligor to Prove Inability to Pay

Mandatory Purge Condition and 48-Hour Review if Jailed

Mandatory Make-Up Time-Sharing for Denied Parenting Time

No Separate Filing Fee for the Motion

Support Enforcement Through the Florida Child Support Program

Frequently Asked Questions