How Do I Build a Strong Enforcement Case in Florida Without Hurting My Credibility?

If you are dealing with a parenting plan, time-sharing schedule, child support order, or alimony order that is being ignored, the next question is practical: How do you prove it in a way the judge will act on?

This post focuses on the common mistakes that weaken enforcement cases and the simple habits that strengthen them, especially in West Palm Beach and Palm Beach County family courts.

Before you file, make sure you are using the right tool. Here is a clear breakdown of enforcement vs. modification in Florida family law, and why that distinction matters.

What does a Florida judge need to see to enforce an order?

A judge usually needs three things: a clear order, a clear violation, and credible proof. If the order is vague, if the violation is a one-off misunderstanding, or if your evidence looks emotional or incomplete, enforcement gets harder.

That is why “being right” is not always enough. You also need to look reasonable, organized, and child-focused.

Why do repeated violations matter more than one bad exchange?

Because patterns suggest the problem is willful, not accidental. One missed weekend can happen. Repeated “last-minute cancellations,” consistent late returns, or ongoing interference with school events starts to look like a refusal to follow the court’s plan.

If you are seeing a pattern, document it as a pattern. Dates matter. Frequency matters. The court’s patience is usually thinner when the record shows the same issue over and over.

Is it a mistake to “let it go” for months before filing enforcement?

It can be. When a parent waits a long time to act, the other side may argue: “If it was really that serious, why didn’t you bring it to the court sooner?”

There are good reasons people delay (fear of conflict, hoping it improves, financial strain). But delay can blur details and weaken urgency. If you are not ready to file yet, at least start building a clean, reliable record now.

What is the fastest way to lose credibility in an enforcement case?

Mixing strong feelings with weak proof. Judges understand stress. But courts decide motions based on evidence.

Common credibility problems include:

Long messages filled with accusations but few specifics
Vague claims like “she always does this” without dates
Screenshots that are incomplete or out of context
Recording details weeks later from memory instead of writing them down the same day

If your enforcement file looks more like a vent session than a timeline, your case gets tougher.

How should I document denied time-sharing in Florida?

Use a simple, consistent system that you can explain in 30 seconds. For example:

A running log (date, scheduled time, what happened, where, who was present)
Screenshots of texts and emails (include the date/time stamp)
School attendance records when relevant
Travel receipts or exchange location proof when relevant
A calendar view showing the missed overnights or weekends

Keep it boring. Boring wins.

If confusion about school or holiday schedules is fueling the conflict, review what a parenting plan in Florida should cover so the order is easier to follow and enforce.

How should I document unpaid child support or alimony?

Start with the order, then show the payment history clearly. Depending on how payments are handled, this might include:

Clerk or State Disbursement Unit records
Bank records showing deposits not made
Written confirmations of partial payments
Department of Revenue account history if the case is in the DOR system

For support enforcement through contempt, Florida procedure focuses heavily on whether the nonpaying party had notice, was able to pay, and willfully failed to do so.

Can I withhold child support because time-sharing is being denied?

No. Florida law is direct: if child support or alimony is not being paid, the other parent still may not refuse time-sharing. And if time-sharing is being denied, the other parent must still keep paying support.

Courts generally dislike self-help. If the order is being violated, the cleaner path is enforcement through the court.

What can a Florida court order when time-sharing is wrongfully denied?

The statute gives judges several tools. For the specific remedies the court can use when a parent refuses time-sharing without proper cause, see Florida Statute § 61.13(4)(c).

If time-sharing is refused without proper cause, the court:

Must award makeup time-sharing (calculated and scheduled in a child-centered way)
May order reasonable attorney’s fees and costs
May require a parenting course
May order community service
May modify the parenting plan if requested and in the child’s best interests
May impose other reasonable sanctions, including contempt

The key is proof that is clear enough for the judge to feel comfortable acting.

What does “willful” mean in a Florida contempt setting?

Willful usually means the person could comply, understood the order, and chose not to. In support cases, the rule framework is explicit: the court evaluates whether support was ordered, whether it was not paid, and whether the alleged contemnor had the present ability to pay and willfully failed to pay.

This is why enforcement is not just about showing a violation. It is also about showing the violation was not unavoidable.

Should I send messages to “create a record” before filing enforcement?

Yes, but keep them short, factual, and solution-focused. Your best message style is:

One issue per message
One proposed fix
One reasonable deadline
No insults, diagnoses, or threats

Example tone (not legal advice):
“I was scheduled to pick up Friday at 6:00 p.m. at the usual location. Please confirm you will be there. If there is a problem, propose an alternative by 3:00 p.m. today.”

This reads like a parent trying to follow the plan, not a parent trying to win an argument.

What role does the Florida Department of Revenue play in child support enforcement?

If your case is in the Florida Child Support Program, DOR can use administrative enforcement tools. The program describes options such as income withholding and license-related actions, and it also provides information about passport denial notices.

Whether DOR, the court, or both are involved depends on how your order is set up and what relief you need.

What are 7 mistakes I see most often in enforcement cases?

These are the issues that commonly weaken otherwise valid enforcement claims:

Treating a contempt/enforcement motion like a modification case. The target is the violation and the proof.
Relying on conclusions instead of dates. “Always” is not evidence. A timeline is.
Letting violations go on too long without building a record.
Mixing emotional commentary with the facts.
Showing up with screenshots but no organized story.
Using self-help (withholding time-sharing or support).
Failing to show willfulness when willfulness matters (especially support contempt).

What should I do this week if my Florida family law order is being violated?

Start with calm structure:

Print or save the exact order you are enforcing (highlight the key paragraphs)
Start a dated log today
Save complete message threads, not single screenshots
Send one clean, factual message offering compliance
If the problem repeats, talk with counsel about the right enforcement path for your facts

If your child’s safety is involved, take that seriously and get legal advice immediately.

FAQs

How many violations do I need before I can file enforcement?

There is no magic number. One serious denial can matter. Patterns usually make enforcement easier.

Will the judge automatically give me makeup time?

If the court finds time-sharing was refused without proper cause, the statute says the court shall award makeup time.

Can I get attorney’s fees for enforcement?

In time-sharing enforcement, the statute allows the court to order reasonable fees and costs in appropriate cases.

What if the other parent claims they had a “reason” to deny time-sharing?

That becomes a proof issue. Courts look closely at credibility, notice, and whether the response was reasonable under the circumstances.

Final Thoughts

If a parenting plan, time-sharing schedule, child support order, or alimony order is being ignored, you do not have to keep absorbing it and hoping it improves. 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 get clear about proof, next steps, and the right enforcement strategy for your case in West Palm Beach and Palm Beach County.