When a former spouse or co-parent does not comply with an order, the appropriate remedy depends on the obligation and the reason for noncompliance. Begin with the signed order and a precise record of what was required, what occurred, and what relief would resolve the violation.
Enforcement and civil contempt
Civil support contempt requires notice and an opportunity to be heard, followed by findings concerning the prior support order, nonpayment, present ability to pay, and willful noncompliance. A coercive sanction requires a purge condition the person can satisfy and a separate affirmative finding of present ability to comply, supported by facts. Nonwillful nonpayment does not prevent other appropriate enforcement relief or by itself erase the debt. Civil coercion and criminal punishment follow different procedures. Fla. Fam. L. R. P. 12.615(a)–(g).
For the party seeking enforcement, prepare a payment ledger, official payment history, prior orders, and information supporting ability to comply. For the responding party, organize proof of payments, income, disability, expenses, and genuine financial limitations. An unsupported claim that money is unavailable is difficult to evaluate; a complete financial record permits a more focused hearing.
Collecting support arrears
Support collection tools may include income withholding, liens, tax-refund interception, and Department of Revenue bank-account levies, subject to their separate eligibility and notice requirements. Driver-license and motor-vehicle-registration suspension has statutory response procedures. Federal law addresses certification of child-support arrears exceeding $2,500: certification requires refusal to issue a passport and permits action against an existing passport. These remedies are not interchangeable tools for every divorce-related debt. Fla. Stat. § 61.13016 (2026); 42 U.S.C. § 652(k); Florida Department of Revenue, Comply with Orders and Bank Accounts; U.S. Department of State, Passports and Child Support Debt.
Respond to notices immediately. Confirm the claimed balance, credited payments, identity of the account owner, and any applicable objection deadline. If a bank account contains another person's funds, preserve records identifying their source. For collection planning, consider the likely source of payment and the procedure best suited to reach it.
Parenting violations and attorney fees
Improperly denied time-sharing can require make-up time and permit fees and other sanctions under section 61.13(4). Section 61.16 separately authorizes fees after consideration of financial resources. Nonpayment does not authorize withholding parenting time, and denied parenting time does not authorize withholding support. Fla. Stat. §§ 61.13(4), 61.16(1) (2026).
Maintain a dated log of missed exchanges, the relevant provision, communications, and the explanation offered. Propose make-up time that fits the child's school and existing commitments. Distinguish an isolated misunderstanding from a repeated refusal to comply. If safety is the concern, seek appropriate emergency relief and organize the supporting evidence.
Ask for relief the order supports
Read the operative language carefully. If the dispute arises from ambiguity, clarification may help more than an accusation of willful disobedience. A property-payment obligation also requires separate analysis from support. Counsel can assess enforcement, modification, collection, and fee requests together while identifying the evidence needed for each.
What to bring to a consultation
- Signed orders
- a reconciled payment ledger and official history
- receipts
- a dated parenting-violation log
- complete communications
- financial evidence
- and all contempt, levy, license, or other enforcement notices
When to act promptly
Act immediately on hearing and collection notices because remedies have different deadlines. Preserve proof of payment and ownership of funds. Nonpayment does not authorize withholding parenting time, and denied parenting time does not authorize withholding support.
Contact The Desai Firm at (904) 563-6952 or pd@desaifirm.com to discuss enforcing or responding to an enforcement motion.