How Do Florida Judges Enforce Parenting Plans and Support Orders?

How Do Florida Judges Enforce Parenting Plans and Support Orders?

When a parenting plan or support order is being ignored, most parents want to know one thing: What will the judge actually do about it? This post explains the typical enforcement path in Florida family court, what a hearing often looks like, and how judges think about denied time-sharing and unpaid support.

Before you file, make sure you are using the right tool. Read What Happens When a Parenting Plan or Time-Sharing Order Is Not Followed in Florida? to understand the difference and why it matters.

Key Takeaway

In Florida, judges enforce parenting plans and support orders by focusing on three things: the exact court order, proof of a violation, and the remedy that fits the problem. In time-sharing cases, judges may order make-up time, attorney’s fees, and other corrective steps. In child support or alimony enforcement cases, the court may consider contempt, but it must also evaluate willfulness and present ability to pay before imposing certain remedies. In Palm Beach County, the strongest enforcement requests are specific, organized, and tied to the language of the existing order.

What are Florida judges focused on in an enforcement case?

Judges focus on three basics: (1) what the order says, (2) what happened, and (3) what remedy fits the problem. The court is not there to re-litigate your entire divorce or paternity case. It is there to decide whether a court order was violated and what to do next.

In Palm Beach County, the most effective cases are the ones that stay organized and targeted.

How do I start an enforcement case in Florida?

You start by filing a motion asking the court to enforce a prior order. Depending on the facts, that may be a motion to enforce time-sharing, a motion for civil contempt for nonpayment, or both.

If you are represented, your attorney may draft a more tailored motion (especially when the order is complex or there are multiple violations). Either way, the motion should clearly identify:

• The specific order and date
• The exact paragraph(s) violated
• What the other party did or did not do
• The relief you want the court to order

For a clear overview of how enforcement works and what to expect, visit our Child Custody Enforcement page.

What happens after I file an enforcement motion?

Next comes notice, scheduling, and preparation for a hearing. The court generally sets a hearing based on local procedure and availability.

The practical point is this: even a strong enforcement claim can stall if notice and scheduling are not handled correctly. That is one reason enforcement is more technical than many people expect.

What does an enforcement hearing usually look like?

Most enforcement hearings are short and structured. The moving party typically goes first and must show:

1. There is a valid court order, and
2. The other party did not follow it.

If the judge finds a violation, the court then turns to why it happened and what remedy is appropriate.

A courtroom-friendly way to think about it is: Order → Violation → Remedy. Judges respond well to clarity.

What will a Florida judge do when time-sharing is denied?

Florida law gives the court a clear set of tools when a parent refuses time-sharing without proper cause. When the evidence supports enforcement, remedies often follow a practical order.

You can review the time-sharing enforcement remedies directly in Florida Statute § 61.13.

1) Will the judge award make-up time-sharing?

Often, yes. When time-sharing was improperly denied, the court can calculate the time that was missed and order make-up time-sharing.

2) Can the judge order fees and costs?

Sometimes. In appropriate cases, the court can order the noncompliant parent to pay reasonable attorney’s fees and court costs incurred to enforce the time-sharing schedule.

3) Can the judge order other remedies?

Yes. Depending on the circumstances, the court may order additional corrective steps, including parenting education, community service (when appropriate), or other reasonable sanctions designed to promote compliance and protect the child’s welfare.

4) Can enforcement lead to a change in the parenting plan?

Sometimes. If requested and supported by the evidence, the court may modify the parenting plan if it is in the child’s best interests.

5) Does child support or alimony stop if time-sharing is denied?

No. Withholding support because time-sharing was denied is usually viewed as self-help and can harm credibility. Support and time-sharing are treated as separate obligations.

How do judges decide whether a time-sharing denial was “without proper cause”?

Judges look at the real-world facts, not just the accusation. A few examples of what often matters:

• Was the exchange location and time clear?
• Was there a written request to comply?
• Was there a genuine emergency, or a pattern of interference?
• Was the child used as a messenger?
• Did either parent escalate the conflict in ways that harmed the child?

The court’s goal is usually compliance and stability, not a “winner.”

What happens when support is not paid in Florida?

Support enforcement becomes more serious when contempt is requested, because the court must address “willfulness” and ability to pay.

What must be shown first?

First, the court looks at the order and the payment record. Is there a valid support order, and was support not paid as required?

What does the court decide next?

If nonpayment is established, the court then considers whether the payor had the present ability to pay and willfully failed to do so. That “ability to pay” issue is often the center of the hearing.

This is why support enforcement is not just “they did not pay.” The court is also asking: Could they pay, and did they choose not to?

What is a “purge” provision, and why does the judge care?

A purge provision is the court’s roadmap for how the person in contempt can come back into compliance. If the court uses contempt remedies, the judge generally must set clear purge conditions tied to the person’s present ability to comply.

This is one reason credible financial evidence matters. The judge must be able to enter findings that are fair, specific, and enforceable.

Can enforcement cases settle before the hearing?

Yes, sometimes. In West Palm Beach and Palm Beach County, many enforcement disputes resolve through an agreed order once both sides see where the court is likely headed.

A short, workable agreement might include:

• A specific make-up time schedule (dates and times)
• Exchange logistics (location, school pickup, neutral drop-off)
• Communication rules (method, hours, limited topics)
• A payment plan or wage-withholding steps for support (when appropriate)

A clean agreement can save time, fees, and stress, especially when the main goal is getting the order followed.

What should I do if I think I need enforcement in Florida?

Start by getting clear about the exact order language and the exact relief you want. Judges respond to a focused request: “Here is the paragraph. Here is what happened. Here is what I am asking you to order.”

If you are ready to take action, the best next step is a short planning conversation with counsel so you do not file the wrong request or dilute your strongest point.

Get help with enforcement

If your parenting plan, time-sharing schedule, or support order is not being followed, you do not have to guess your way through it. Call The Law Office of Eric C. Cheshire, P.A. at (561) 677-8090, or fill out the contact form on our website. We will help you understand what the judge is likely to focus on, what proof matters most, and what enforcement path fits your facts in West Palm Beach and Palm Beach County.