Category: Family Law · Statute: F.S. 61.14 · Source: Florida Legislature
Understanding Child Support Contempt in Florida
In Florida, child support contempt arises under Chapter 61 of the Florida Statutes when an obligor fails to comply with a court-ordered child support obligation. Because child support orders are direct mandates from a judge, a parent's failure to pay is treated as disobedience to the court itself. To initiate this process, the custodial parent or the Florida Department of Revenue files a Motion for Civil Contempt. The court then schedules a hearing to determine whether the non-paying parent has the present financial ability to comply with the order and whether the failure to pay is willful.
Florida law distinguishes between civil and criminal contempt based on the court's primary objective. Civil contempt is coercive, designed to compel compliance; the court issues a "purge" amount, which is the specific sum the obligor must pay to be released from jail. In contrast, criminal contempt is punitive, intended to punish past non-compliance. Under Florida Family Law Rules of Procedure, criminal contempt requires formal constitutional protections, including the right to counsel, and can result in a determinate jail sentence of up to six months per violation, regardless of the obligor's immediate ability to pay.
Bail and Pretrial Release in Support Contempt Cases
When a Florida court finds a parent in civil contempt, it may issue a bodily attachment, which operates similarly to an arrest warrant. Unlike standard criminal cases where a defendant is entitled to a standard monetary bail bond, a person arrested on a child support bodily attachment is held until they pay the court-ordered purge amount. However, under Florida Family Law Rule 12.615, the arrested individual must receive a hearing within 48 hours of detention to determine if they have the actual, present ability to pay the set purge amount.