Whether it’s unpaid child support, a custody schedule that’s being ignored, or property that hasn’t been turned over, you’ve already been through the legal process—so why isn’t the order being followed?
If you’re in this position, you’re not alone. Unfortunately, not everyone respects a judge’s ruling. The good news is that Florida law allows you to enforce family court orders. You have tools available, but it’s essential to use them properly and understand what enforcement realistically looks like.
What Counts as a Violation?
Enforcement only applies to violations of clear court orders.
For example, if a parenting plan says the child should be with you every other weekend and your ex regularly refuses to drop them off, that’s a clear violation. The same goes for unpaid child support or alimony that the court ordered.
But not every dispute rises to that level. It may be harder to enforce if the court order is vague or leaves room for interpretation. In those cases, we sometimes need to go back to court to clarify the order before enforcing it.
First Step: Documentation
Before you take legal action, start by keeping detailed records. If the other parent violates your time-sharing arrangement, write down the dates, times, and what happened. For unpaid support, keep track of what’s owed versus what’s been paid.
Text messages, emails, and missed payment logs can all become valuable evidence if you need to file a motion in court. Without solid documentation, it becomes a matter of “he said, she said,” which rarely ends well.
Filing a Motion for Contempt or Enforcement
In Florida, we use two standard tools to enforce family law orders: a motion for contempt and a motion to enforce. These are similar but not identical.
Contempt is used when the other party willfully disobeys a court order. For example, if someone refuses to pay child support even though they can, that’s likely contempt.
Enforcement focuses more on getting the relief you’re owed, even if the violation wasn’t intentional.
In many cases, we file both motions at the same time. The court can then hold a hearing to decide whether a violation occurred, and if so, what to do about it.
What Can the Court Do?
Florida courts have several options when enforcing orders. They can:
- Order the other party to pay what they owe.
- Modify the existing order if circumstances have changed.
- Award you makeup parenting time if time-sharing was denied
- Require the other party to pay your attorney’s fees
- In severe cases, impose fines or even jail time for contempt
That said, enforcement is not always immediate.
Courts generally allow the other party to comply before taking harsher steps. Our job is to present the strongest possible case so the judge understands precisely what’s happening—and why it needs to stop.
Don’t Wait Too Long
It’s tempting to wait and see if the situation improves. But in many cases, delay only makes things worse. Unpaid child support builds up. A destructive co-parenting pattern becomes the norm. And evidence becomes harder to gather over time.
If you’re dealing with an ongoing violation, we recommend taking action sooner rather than later. You don’t need to go it alone, and you’re not being unreasonable for wanting the other party to follow the rules.
When to Get Legal Help
Not every disagreement needs to turn into a legal battle. But it may be time to bring in a lawyer if the other person isn’t responding to your efforts to resolve the issue, or if you’re tired of asking nicely. We can help you file the proper motion, prepare your evidence, and make a strong case in court.
At the Law Offices of Robert M. Geller, we understand how draining these situations can be. You’ve already been through the court process once. You shouldn’t have to fight again just to get what was ordered.
If you’re struggling and need help enforcing family court orders in Florida—whether it’s about custody, support, or property—we’re here to help. Contact us today to schedule a consultation and take the first step toward resolving it for good.
