What Happens If a Parent Violates a Custody or Support Order?
If one parent takes custody of the child without authorization or fails to fulfill child support obligations, they violate the court order.
Florida courts take time sharing, custody and support orders seriously because these orders are designed to protect the child’s best interests and provide financial stability. In such situations, the first step is to evaluate whether this violation is intentional or a misunderstanding. Miscommunications can occasionally occur during custody exchanges, but a pattern of disregard for the order indicates a clear, deliberate violation.
If a deliberate violation has occurred, the parent seeking enforcement must take swift legal action to avoid further disruptions to the child’s life. Depending on the case’s specifics, this can involve filing motions with the court.
Are Enforcement Orders in Family Court an Option When the Co-Parent Violates the Custody or Support Order?
If the other parent isn’t following the ordered time sharing or otherwise is violating a custody or support order, you don’t have to just stand by—you have legal options to enforce it.
First, if your child’s safety is at risk, you can get immediate help from law enforcement. In Florida, removing a child without authorization or withholding custody after there is an order in place, especially if the child is taken out of state, may prompt the judge to issue an emergency order allowing law enforcement to retrieve your child.
For ongoing and less serious violations, you can file a motion in family court to enforce the court order or ask that the other parent be held in contempt. The court will hold a hearing, and if the judge finds that a parent violated a custody or support order, they can impose sanctions.
The court’s primary concern will be the child’s best interests, so the parent seeking enforcement should provide clear documentation of the violations, such as records of communication, custody schedules, and any relevant evidence that demonstrates the other parent’s non-compliance.
How to Enforce a Child Custody or Support Order
You must initiate enforcement orders in family court. In Florida, a parent can file a motion to enforce a court order to ensure the other parent follows the original time sharing, custody or support arrangement. The court reviews the motion and assesses the seriousness of the violation.
If a parent violates a custody order, the court can hold them in contempt. For instance, if your ex willfully refuses to return your child after scheduled visitation, especially if this happens multiple times, you can seek accountability by filing a motion to hold them in contempt of court. If the judge finds them to be in contempt, it may impose penalties such as fines, custody modifications, or even jail time (although this is rare) to compel compliance with the custody order.
If your ex-spouse isn’t paying child support, Florida provides powerful enforcement options that can compel them to comply. Enforcement penalties can include wage garnishment, tax refund interception, or license suspension. Courts can also order the back payment of missed child support.
What Evidence Do I Need to Prove a Violation of the Order?
To support your motion for contempt, you must provide evidence of the violation. This may include:
- Texts, emails, or other correspondence indicating the other parent’s failure to comply with the order;
- Witness testimony from individuals who observed the violation; and
- Documents such as school or medical records demonstrate the child’s whereabouts and financial documents can show the lack of support payments.
Getting into the habit of organizing and keeping such records can be helpful if you ever need to access them.
What Happens at a Contempt Hearing?
In a contempt hearing, both parties will have a chance to present their case. The court will consider the evidence and determine whether a parent has violated a court order. If the court finds the non-custodial parent in contempt, it may impose penalties. However, a court will generally not modify a time sharing or custody arrangement without filing a separate request which requires additional legal support. If you are interested in changing the custody and time sharing arrangement or modifying child support, you should discuss that as a separate issue with a lawyer.
What Are the Consequences of Violating a Custody or Support Order?
For custody violations, sanctions may include:
- Fines or penalties—the violating parent may be required to pay a financial penalty for non-compliance;
- Loss of custody or visitation rights—in severe cases, the court may temporarily alter the custody arrangement, impose supervised visitation to protect the child’s welfare, or award makeup time; or
- Contempt of court—the court may hold the violating parent in contempt, which can result in paying the wronged parent’s attorney fees or additional legal consequences.
Consequences of child support violations may include:
- Wage garnishment or liens—the court can order wage garnishment or place a lien on the parent’s property to collect overdue child support;
- License suspension—the parent’s professional, driver’s, or recreational licenses may be suspended until they comply with the order; or
- Interception of tax refunds—the court may intercept federal or state tax refunds to cover unpaid child support.
By enforcing the custody or support order through the proper legal channels, you can hold the other parent accountable and ensure your child’s needs are met.
Frequently Asked Questions
What Is the Difference Between a Motion for Contempt and a Motion to Enforce a Court Order?
Both motions address violations of court orders. A motion for contempt usually alleges a willful violation, while an enforcement order may seek compliance. For instance, if your ex refuses to pay child support, you might not want the judge to put them in jail for contempt of court because such an action could make it even harder for that parent to pay support in the future. In such a case, you would likely seek enforcement. Your lawyer will best advise you on the best motion to file in your case.
Can I Withhold Visitation If the Other Parent Isn’t Paying Child Support?
No, withholding visitation isn’t the answer—even if they aren’t paying child support. You should file an enforcement order instead. Child support and time sharing are separate issues, and violating the custody order by withholding the child may lead to legal consequences.
What Happens If a Parent Takes the Child Out of State Without Permission?
Removing a child from Florida without the court’s consent may violate the custody order and result in severe legal consequences, such as contempt of court or law enforcement retrieving the child.
How Long Does It Take to Enforce a Custody or Support Order?
Enforcing an order depends on the specifics of your case, but the process usually begins with a court hearing scheduled within a few weeks to a month of filing your motion. If the violation isn’t considered an emergency or overly serious by a judge, the process may take much longer.
Are You Struggling to Enforce a Child Custody or Support Order? We Can Help.
Our team of experienced Jacksonville, Florida, family law attorneys at Beller Law, PL, is here to help. With over 25 years of trial experience in family law, we’ve seen it all and understand how to handle these complex legal issues. We’re dedicated to protecting your parental rights and ensuring your child’s best interests are always at the forefront.