Contempt of Court for Unpaid Child Support in Florida: 2026 Enforcement Actions Guide

What Happens When a Parent Refuses to Pay Child Support in Florida?

When a parent willfully fails to pay court-ordered child support in Florida, the receiving parent can file a motion for contempt of court. Contempt child support florida cases are among the most common enforcement actions in family courts, and the consequences for the non-paying parent can be severe, including jail time, license suspension, and wage garnishment.

In my experience handling these cases across Florida counties, contempt proceedings are one of the most effective tools for compelling payment. Unlike other collection methods that can take months or years, the threat of jail time often motivates immediate action.

This comprehensive 2026 guide explains exactly how child support contempt works in Florida, what enforcement actions are available, the potential consequences for non-payment, and what defenses may apply.

Understanding Contempt of Court for Child Support in Florida

Contempt of court occurs when someone willfully disobeys a valid court order. Under Florida Statute 61.14, courts have broad authority to enforce child support orders through contempt proceedings. The key word here is "willfully." A parent who genuinely cannot pay due to circumstances beyond their control may have a valid defense.

Civil Contempt vs. Criminal Contempt

Florida recognizes two types of contempt in child support cases:

Civil contempt is designed to compel compliance with the court order. The parent can "purge" the contempt by paying the arrears or making arrangements satisfactory to the court. Most child support contempt cases are civil in nature.

Criminal contempt is punitive, meaning it punishes past behavior rather than compelling future compliance. Criminal contempt requires higher proof standards and additional procedural protections but is reserved for egregious cases.

The distinction matters significantly. In civil contempt, the parent essentially holds the keys to their own jail cell. Pay the support, and you go free. Criminal contempt sentences are fixed regardless of payment.

How to File a Motion for Contempt in Florida

If you are owed child support and the other parent has fallen behind, you have the right to seek enforcement through the courts. Here is the step-by-step process for filing contempt child support florida actions in 2026:

Step 1: Document the Arrears

Before filing, gather documentation proving the arrearage. This includes:

• The original child support order
• Payment records from the State Disbursement Unit
• A calculation of the total amount owed
• Any communication showing the other parent's awareness of the obligation

Step 2: File the Motion for Contempt

You or your attorney must file a Motion for Contempt and Enforcement in the same court that issued the original child support order. The motion should clearly state:

• The specific court order being violated
• How the other parent has violated it
• The exact amount of arrears
• What relief you are seeking

Step 3: Serve the Other Parent

The motion must be properly served on the non-paying parent. This gives them legal notice of the proceeding and their right to appear and defend themselves.

Step 4: Attend the Hearing

Both parties appear before a judge. The receiving parent presents evidence of non-payment, and the paying parent has the opportunity to explain or defend their actions.

If you need guidance on whether contempt is the right approach for your situation, our strategy session can help you evaluate your options.

Enforcement Actions Available in Florida

Contempt is just one tool in the enforcement toolbox. Florida law provides multiple ways to enforce child support orders and collect arrears.

Income Deduction Orders

Under Florida Statute 61.1301, income deduction orders (commonly called wage garnishment) are standard in all child support cases. The order requires the employer to withhold support directly from the paying parent's paycheck. If an income deduction order is not already in place or is not being followed, the court can enter or enforce one.

License Suspension

Florida Statute 61.13015 authorizes suspension of driver's licenses, professional licenses, and recreational licenses for parents who are significantly behind on child support. The Department of Revenue can suspend licenses when arrears exceed a certain threshold or payments are more than four months delinquent.

I have seen this enforcement action prove remarkably effective, particularly for parents whose livelihoods depend on professional licenses. The prospect of losing the ability to work often motivates payment faster than any other remedy.

Bank Account Levies

Courts can order the seizure of funds from bank accounts to satisfy child support arrears. This remedy is particularly useful when the paying parent has assets but chooses not to pay.

Credit Reporting

Child support arrears are reported to credit bureaus, which can significantly impact the non-paying parent's credit score and ability to obtain loans, housing, or employment.

Federal Tax Refund Intercept

The Federal Tax Refund Offset Program allows interception of federal tax refunds to pay child support arrears. Florida participates in this program through the Child Support Program administered by the Department of Revenue.

Passport Denial

Under federal law, parents who owe more than $2,500 in child support can be denied a U.S. passport or have their existing passport revoked. This can be a powerful motivator for parents who travel internationally for work or pleasure.

For a deeper understanding of how child support amounts are determined in the first place, see our guide on how child support is calculated in Florida.

Can You Go to Jail for Not Paying Child Support in Florida?

Yes, jail for nonpayment child support florida is a real possibility. Courts can and do incarcerate parents who willfully refuse to pay support. However, jail is typically a last resort after other enforcement methods have failed.

How Incarceration Works in Civil Contempt

In civil contempt cases, the court sets a "purge amount," which is an amount the parent must pay to avoid jail or secure release. The purge amount must be something the parent has the present ability to pay. Courts cannot incarcerate someone for inability to pay.

The landmark case of Bowen v. Bowen, 471 So. 2d 1274 (Fla. 1985), established that before incarcerating a parent for civil contempt, the court must find the parent has the present ability to pay. This protects genuinely indigent parents from debtor's prison scenarios.

Typical Sentences

For civil contempt, jail sentences typically range from a few days to six months, depending on the severity of the violation and the county. Many judges will impose a sentence but suspend it contingent on the parent making payments as ordered.

The Role of the Florida Department of Revenue

The Florida Department of Revenue Child Support Program can also pursue enforcement actions on behalf of custodial parents. When DOR is involved, they can refer cases to the State Attorney's Office for criminal prosecution in extreme cases involving significant arrears.

Defenses to Child Support Contempt in Florida

Not every case of unpaid child support results in contempt. Florida law recognizes several defenses that can excuse or mitigate non-payment.

Inability to Pay

The most common defense is genuine inability to pay. If a parent has lost their job, suffered a serious illness, or experienced other circumstances that make payment impossible, this can be a complete defense to civil contempt.

However, the burden shifts to the non-paying parent to prove inability. Courts will examine:

• Employment status and efforts to find work
• Income from all sources
• Assets that could be liquidated
• Living expenses and whether they are reasonable
• Whether the parent has voluntarily reduced income to avoid payment

If you have experienced a significant change in circumstances, you may need to file for a child support modification rather than simply stop paying.

Lack of Notice

If the parent was never properly served with the support order or was unaware of the specific payment requirements, this can be a defense. However, this defense is rarely successful once a case has been ongoing.

Payment or Substantial Compliance

If the parent can prove they have actually made the payments or substantially complied with the order, the contempt motion should fail. Payment records and bank statements are critical evidence.

Order Was Invalid

In rare cases, the underlying support order may be challenged as invalid due to procedural defects or lack of jurisdiction. This is a complex legal argument that requires careful analysis.

What to Expect at a Contempt Hearing

Contempt hearings in Florida follow a specific procedural format. Understanding what happens can help you prepare whether you are seeking enforcement or defending against a contempt motion.

The Petitioner's Case

The parent seeking enforcement (or their attorney or the Department of Revenue) presents first. They must establish:

Payment records, bank statements, and testimony typically make up this evidence.

The Respondent's Defense

The non-paying parent then has the opportunity to present defenses. If claiming inability to pay, they should bring:

• Proof of income (or lack thereof)
• Documentation of job search efforts
• Medical records if health prevents work
• Evidence of other financial obligations
• Asset information

The Court's Determination

After hearing both sides, the judge will determine whether contempt has been established. If so, the court will craft an appropriate remedy, which might include:

• A purge amount to avoid jail
• A payment plan for arrears
• Jail time (often suspended if payments are made)
• Additional enforcement measures like license suspension
• Attorney's fees for the prevailing party

Considering whether to pursue contempt or defend against it? A consultation with our team can help you understand your specific situation.

How Long Does It Take to Enforce Child Support in Florida?

The timeline for contempt child support florida cases varies by county and court backlog. Generally, you can expect:

• Filing to hearing: 2 to 6 weeks in most Florida counties
• If contested, additional hearings may be needed
• Appeals can add months to the process

Some counties have expedited enforcement calendars specifically for child support matters. Miami-Dade, Broward, Orange, and Hillsborough counties all have dedicated family law divisions that regularly hear these cases.

Cost of Pursuing Contempt Actions

One significant advantage of contempt proceedings is that Florida Statute 61.16 allows courts to award attorney's fees to the prevailing party. This means if you successfully prove contempt, the non-paying parent may be ordered to pay your legal costs.

Additionally, if you work with the Florida Department of Revenue's Child Support Program, many enforcement actions can be pursued at no cost to the custodial parent.

For those who prefer private representation with more control over their case, our unbundled legal services offer a cost-effective alternative to full representation.

2026 Updates to Florida Child Support Enforcement

Florida continues to strengthen its child support enforcement mechanisms. Recent developments for 2026 include:

• Enhanced electronic payment tracking through the State Disbursement Unit
• Improved coordination with federal enforcement programs
• Streamlined processes for license suspension
• Greater use of technology for locating non-paying parents

The courts remain committed to ensuring children receive the financial support they deserve. Judges take non-payment seriously, and parents who willfully refuse to support their children face real consequences.

When to Consider Other Options

While contempt is powerful, it is not always the best first step. Consider alternatives when:

The paying parent has genuinely lost income. Encouraging them to file a modification may be more productive than contempt.

There are minimal assets to collect. Contempt proceedings cost time and money. If the parent truly has nothing, other approaches might be more practical.

Relationship preservation matters. If you need to co-parent effectively, aggressive enforcement can sometimes damage cooperation in other areas.

These considerations should be weighed carefully with an understanding of your complete situation. Related issues like college expenses or modifications based on changed circumstances often intersect with enforcement decisions.

Taking Action on Unpaid Child Support

If you are owed child support and the other parent is not paying, you have options. Florida law provides robust enforcement mechanisms, and courts take these matters seriously. The combination of potential jail time, license suspension, wage garnishment, and other consequences gives receiving parents significant leverage.

Similarly, if you are facing a contempt motion and believe you have valid defenses, it is critical to present your case properly. The consequences of a contempt finding are severe, and proper preparation can make the difference.

Whether you are seeking to enforce child support florida orders or defending against contempt allegations, understanding the law and your options is essential.

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This article provides general information about Florida divorce law and is not legal advice. Every case is unique. For advice specific to your situation, schedule a consultation with a Florida-licensed attorney.