Florida Family Law Rule 12.615
RULE 12.615. CIVIL CONTEMPT IN SUPPORT MATTERS
(a) Applicability. This rule governs civil contempt
proceedings in support matters related to family law cases. The use
of civil contempt sanctions under this rule shall be limited to those
used to compel compliance with a court order or to compensate a
movant for losses sustained as a result of a contemnor’s willful
failure to comply with a court order. Contempt sanctions intended
to punish an offender or to vindicate the authority of the court are
criminal in nature and are governed by Florida Rules of Criminal
Procedure 3.830 and 3.840.
(b) Motion and Notice. Civil contempt may be initiated by
motion. The motion must recite the essential facts constituting the
acts alleged to be contemptuous. No civil contempt may be imposed
without notice to the alleged contemnor and without providing the
alleged contemnor with an opportunity to be heard. The civil
contempt motion and notice of hearing may be served in accordance
with Florida Rule of General Practice and Judicial Administration
2.516 provided notice is reasonably calculated to apprise the
alleged contemnor of the pendency of the proceedings. The notice
must specify the time and place of the hearing and must contain
the following language: “FAILURE TO APPEAR AT THE HEARING
MAY RESULT IN THE COURT ISSUING A WRIT OF BODILY
ATTACHMENT FOR YOUR ARREST. IF YOU ARE ARRESTED, YOU
MAY BE HELD IN JAIL UP TO 48 HOURS BEFORE A HEARING IS
HELD.” This notice must also state whether electronic recording or
a court reporter is provided by the court or whether a court
reporter, if desired, must be provided by the party.
(c) Hearing. In any civil contempt hearing, after the court
makes an express finding that the alleged contemnor had notice of
the motion and hearing:
(1) the court shall determine whether the movant has
established that a prior order directing payment of support was
entered and that the alleged contemnor has failed to pay all or part
of the support set forth in the prior order; and
(2) if the court finds the movant has established all of
the requirements in subdivision (c)(1) of this rule, the court shall,
(A) if the alleged contemnor is present, determine
whether the alleged contemnor had the present ability to pay
support and willfully failed to pay such support.
(B) if the alleged contemnor fails to appear, set a
reasonable purge amount based on the individual circumstances of
the parties. The court may issue a writ of bodily attachment and
direct that, upon execution of the writ of bodily attachment, the
alleged contemnor be brought before the court within 48 hours for a
hearing on whether the alleged contemnor has the present ability to
pay support and, if so, whether the failure to pay such support is
willful.
(d) Order and Sanctions. After hearing the testimony and
evidence presented, the court shall enter a written order granting or
denying the motion for contempt.
(1) An order finding the alleged contemnor to be in
contempt shall contain a finding that a prior order of support was
entered, that the alleged contemnor has failed to pay part or all of
the support ordered, that the alleged contemnor had the present
ability to pay support, and that the alleged contemnor willfully
failed to comply with the prior court order. The order shall contain a
recital of the facts on which these findings are based.
(2) If the court grants the motion for contempt, the
court may impose appropriate sanctions to obtain compliance with
the order including incarceration, attorneys’ fees, suit money and
costs, compensatory or coercive fines, and any other coercive
sanction or relief permitted by law provided the order includes a
purge provision as set forth in subdivision (e) of this rule.
(e) Purge. If the court orders incarceration, a coercive fine,
or any other coercive sanction for failure to comply with a prior
support order, the court shall set conditions for purge of the
contempt, based on the contemnor’s present ability to comply. The
court shall include in its order a separate affirmative finding that
the contemnor has the present ability to comply with the purge and
the factual basis for that finding. The court may grant the
contemnor a reasonable time to comply with the purge conditions. If
the court orders incarceration but defers incarceration for more
than 48 hours to allow the contemnor a reasonable time to comply
with the purge conditions, and the contemnor fails to comply within
the time provided, the movant shall file an affidavit of
noncompliance with the court. If payment is being made through
the Central Governmental Depository, a certificate from the
depository shall be attached to the affidavit. The court then may
issue a writ of bodily attachment. Upon incarceration, the
contemnor must be brought before the court within 48 hours for a
determination of whether the contemnor continues to have the
present ability to pay the purge.
(f) Review after Incarceration. Notwithstanding the
provisions of this rule, at any time after a contemnor is
incarcerated, the court on its own motion or motion of any party
may review the contemnor’s present ability to comply with the
purge condition and the duration of incarceration and modify any
prior orders.
(g) Other Relief. Where there is a failure to pay support or
to pay support on a timely basis but the failure is not willful,
nothing in this rule shall be construed as precluding the court from
granting such relief as may be appropriate under the
circumstances.
Commentary
1998 Adoption. This rule is limited to civil contempt
proceedings. Should a court wish to impose sanctions for criminal
contempt, the court must refer to Florida Rules of Criminal
Procedure 3.830 and 3.840 and must provide the alleged contemnor
with all of the constitutional due process protections afforded to
criminal defendants. This rule is created to assist the trial courts in
ensuring that the due process rights of alleged contemnors are
protected. A court that adjudges an individual to be in civil
contempt must always afford the contemnor the opportunity to
purge the contempt.
Committee Notes
2012 Amendment. This rule is amended to provide for service
in accordance with Florida Rule of Judicial Administration 2.516.
(a) Applicability. This rule governs civil contempt
proceedings in support matters related to family law cases. The use
of civil contempt sanctions under this rule shall be limited to those
used to compel compliance with a court order or to compensate a
movant for losses sustained as a result of a contemnor’s willful
failure to comply with a court order. Contempt sanctions intended
to punish an offender or to vindicate the authority of the court are
criminal in nature and are governed by Florida Rules of Criminal
Procedure 3.830 and 3.840.
(b) Motion and Notice. Civil contempt may be initiated by
motion. The motion must recite the essential facts constituting the
acts alleged to be contemptuous. No civil contempt may be imposed
without notice to the alleged contemnor and without providing the
alleged contemnor with an opportunity to be heard. The civil
contempt motion and notice of hearing may be served in accordance
with Florida Rule of General Practice and Judicial Administration
2.516 provided notice is reasonably calculated to apprise the
alleged contemnor of the pendency of the proceedings. The notice
must specify the time and place of the hearing and must contain
the following language: “FAILURE TO APPEAR AT THE HEARING
MAY RESULT IN THE COURT ISSUING A WRIT OF BODILY
ATTACHMENT FOR YOUR ARREST. IF YOU ARE ARRESTED, YOU
MAY BE HELD IN JAIL UP TO 48 HOURS BEFORE A HEARING IS
HELD.” This notice must also state whether electronic recording or
a court reporter is provided by the court or whether a court
reporter, if desired, must be provided by the party.
(c) Hearing. In any civil contempt hearing, after the court
makes an express finding that the alleged contemnor had notice of
the motion and hearing:
(1) the court shall determine whether the movant has
established that a prior order directing payment of support was
entered and that the alleged contemnor has failed to pay all or part
of the support set forth in the prior order; and
(2) if the court finds the movant has established all of
the requirements in subdivision (c)(1) of this rule, the court shall,
(A) if the alleged contemnor is present, determine
whether the alleged contemnor had the present ability to pay
support and willfully failed to pay such support.
(B) if the alleged contemnor fails to appear, set a
reasonable purge amount based on the individual circumstances of
the parties. The court may issue a writ of bodily attachment and
direct that, upon execution of the writ of bodily attachment, the
alleged contemnor be brought before the court within 48 hours for a
hearing on whether the alleged contemnor has the present ability to
pay support and, if so, whether the failure to pay such support is
willful.
(d) Order and Sanctions. After hearing the testimony and
evidence presented, the court shall enter a written order granting or
denying the motion for contempt.
(1) An order finding the alleged contemnor to be in
contempt shall contain a finding that a prior order of support was
entered, that the alleged contemnor has failed to pay part or all of
the support ordered, that the alleged contemnor had the present
ability to pay support, and that the alleged contemnor willfully
failed to comply with the prior court order. The order shall contain a
recital of the facts on which these findings are based.
(2) If the court grants the motion for contempt, the
court may impose appropriate sanctions to obtain compliance with
the order including incarceration, attorneys’ fees, suit money and
costs, compensatory or coercive fines, and any other coercive
sanction or relief permitted by law provided the order includes a
purge provision as set forth in subdivision (e) of this rule.
(e) Purge. If the court orders incarceration, a coercive fine,
or any other coercive sanction for failure to comply with a prior
support order, the court shall set conditions for purge of the
contempt, based on the contemnor’s present ability to comply. The
court shall include in its order a separate affirmative finding that
the contemnor has the present ability to comply with the purge and
the factual basis for that finding. The court may grant the
contemnor a reasonable time to comply with the purge conditions. If
the court orders incarceration but defers incarceration for more
than 48 hours to allow the contemnor a reasonable time to comply
with the purge conditions, and the contemnor fails to comply within
the time provided, the movant shall file an affidavit of
noncompliance with the court. If payment is being made through
the Central Governmental Depository, a certificate from the
depository shall be attached to the affidavit. The court then may
issue a writ of bodily attachment. Upon incarceration, the
contemnor must be brought before the court within 48 hours for a
determination of whether the contemnor continues to have the
present ability to pay the purge.
(f) Review after Incarceration. Notwithstanding the
provisions of this rule, at any time after a contemnor is
incarcerated, the court on its own motion or motion of any party
may review the contemnor’s present ability to comply with the
purge condition and the duration of incarceration and modify any
prior orders.
(g) Other Relief. Where there is a failure to pay support or
to pay support on a timely basis but the failure is not willful,
nothing in this rule shall be construed as precluding the court from
granting such relief as may be appropriate under the
circumstances.
Commentary
1998 Adoption. This rule is limited to civil contempt
proceedings. Should a court wish to impose sanctions for criminal
contempt, the court must refer to Florida Rules of Criminal
Procedure 3.830 and 3.840 and must provide the alleged contemnor
with all of the constitutional due process protections afforded to
criminal defendants. This rule is created to assist the trial courts in
ensuring that the due process rights of alleged contemnors are
protected. A court that adjudges an individual to be in civil
contempt must always afford the contemnor the opportunity to
purge the contempt.
Committee Notes
2012 Amendment. This rule is amended to provide for service
in accordance with Florida Rule of Judicial Administration 2.516.