When the order is ignored, make it count.
A court order is only as good as its enforcement. Whether the other parent keeps your children on your weekends or you have been served with a contempt motion over support, the response needs to be fast and documented.
When a parent refuses to honor time-sharing without proper cause, a Florida court must award make-up time at that parent's expense and may order fees and costs, a parenting course, modification of the plan if you request it, or other sanctions (Fla. Stat. 61.13(4)(c)); contempt is also available (61.13(4)(d)). Civil contempt for unpaid support requires a finding that the parent has the present ability to pay, and any coercive sanction must include a purge the parent has the present ability to meet, supported by a separate finding (Fla. Fam. L. R. P. 12.615(c)(2)(A), (d)(1), (e)).
If she is violating time-sharing
- Keep a dated log of every denied or shortened exchange
- Save texts and emails; communicate in writing from now on
- Do not retaliate by withholding support. Two violations do not cancel out.
- We file a motion to enforce or for contempt and ask for make-up time and fees
If you were served with a contempt motion
Do not ignore it and do not walk in alone. The court will look at whether you had the ability to pay and chose not to. A real change in income can be a defense, and it may also be the reason to file a modification at the same time.
Questions fathers ask
What is make-up time-sharing?
Time the court orders to replace time that was wrongfully denied, scheduled for the child's convenience.
Can I go to jail for unpaid child support?
Civil contempt can carry jail, but only if the court finds you have the present ability to pay, and the order must set a purge amount you can meet.
Can I get my attorney's fees paid?
In enforcement cases the court can order the violating parent to pay fees and costs.
Get a plan before your next court date.
Start with a one-on-one strategy session with Attorney Fraser. You leave with a written plan: what the court is likely to look at, what to file, what it costs, and the timeline. No surprise bills.
Prefer email? mail@fraserlawfl.com. Divorce or alimony? See our full family practice at FirstCoastFamilyLawyers.com.