Fla. Fam. L. R. P. 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

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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.

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(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

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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.

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.

2012 Amendment. This rule is amended to provide for service

in accordance with Florida Rule of Judicial Administration 2.516.

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