Enforcement Proceedings in Coconut Creek

Holding the Other Party Accountable to Your Florida Family Court Order

A signed family court order is not a suggestion. When the other party stops paying support, blocks your timesharing, or refuses to complete a property transfer, you need enforcement, not negotiation. At The Law Offices of Jonny Kousa, P.L., we represent Coconut Creek area clients on both sides of these disputes: those whose orders are being ignored and those who have been served with a contempt motion. Attorney Jonny Kousa handles every case personally and brings the same focused approach he applies to contested divorce matters to enforcement proceedings throughout Broward, Palm Beach, and Miami-Dade Counties.

Enforcement is a distinct legal process from obtaining or modifying a court order. The obligation already exists. The question is how to compel compliance and what remedies the court may impose.

If your family court order isn’t being followed, don’t wait for the situation to worsen. Call us at (954) 626-8071 to schedule a free consultation and learn what enforcement options apply to your case.

When a Family Court Order Can Be Enforced

Florida courts can enforce nearly every provision of a final judgment or order in a family law case. The most common violations we see involve nonpayment of child support or alimony, denial of court-ordered timesharing, refusal to complete equitable distribution transfers, and violations of a domestic violence injunction or restraining order.

Two points are worth knowing before you act. First, timesharing and child support are separate obligations under Florida law. A parent can’t withhold parenting time because the other parent has fallen behind on support payments, and doing so can itself result in a contempt finding against the parent who withheld access. Second, refusing to comply with financial disclosure orders during divorce proceedings can also lead to contempt. The court’s authority runs across all of these areas.

Enforcement vs. Contempt: What Florida Law Requires

These two terms are related but not interchangeable. Enforcement is the broader process of compelling a party to comply with a court order. Contempt is the specific legal tool courts use to achieve that compliance, and it carries its own procedural requirements.

Before a Florida court holds a party in civil contempt, it examines three things: whether a valid court order clearly defines the obligation, whether the accused party had the present ability to comply, and whether the refusal was willful. A party who genuinely lacks the ability to meet an obligation can’t be held in contempt. That distinction matters both to the party seeking enforcement and to the party defending against a motion. Most family law contempt proceedings in Florida are civil in nature, meaning the court’s goal is to compel future compliance rather than punish past conduct.

How Enforcement Proceedings Move Through Broward County Courts

Coconut Creek family law matters fall under the 17th Judicial Circuit of Florida, with cases filed and heard at the Broward County Central Courthouse in Fort Lauderdale. There is no separate family court in Coconut Creek. The 17th Judicial Circuit operates Unified Family Courts, which assign a single judge to handle all related matters for a given family, including custody, support, alimony, and enforcement, within the same case number. That continuity can work to your advantage when the same judge who issued the original order presides over the enforcement hearing.

To initiate the process, the moving party files a Motion for Civil Contempt/Enforcement using the Florida Supreme Court Approved Family Law Form with the court that issued the original order. The motion must identify which specific provisions were violated, and the other party must be formally served with the motion and notice of the hearing date. At the hearing, the filing party carries the burden of proving noncompliance, while the other party has the opportunity to demonstrate compliance or an inability to comply.

Remedies Available After a Contempt Finding

Once a court finds a violation, it has significant tools available. Under Florida Family Law Rule of Procedure 12.615, sanctions can include coercive fines to pressure compliance, compensatory fines to cover actual losses, and an award of attorney’s fees and costs, which Florida Statute section 61.16 allows the court to order based on each party’s financial circumstances.

Additional remedies the court can impose include:

• Wage garnishment and automatic income withholding to redirect support payments directly from the paying party’s employer
• Liens on property to secure unpaid financial obligations
• Driver’s license suspension for willful nonpayment of support
• A monetary judgment with prejudgment interest for accumulated arrears
• Incarceration with a purge amount in serious cases of willful nonpayment, where the court sets a specific sum the party must pay to secure release

If a party fails to appear at a properly noticed contempt hearing, the court can issue a writ of bodily attachment, authorizing law enforcement to bring that party before the court.

If You’ve Been Served With a Contempt Motion

Ignoring court paperwork is not a safe option. If you’ve received a Motion for Civil Contempt/Enforcement, the right response is to appear with counsel and present your defense. Payment records, communication logs, and financial or medical documentation can all establish that you lacked the present ability to comply.

If a genuine change in circumstances makes compliance impossible going forward, the correct path is a petition to modify the underlying order, not unilateral nonpayment. The original obligation continues to accrue until a judge modifies it, and the gap between what you owed and what you paid can grow into a judgment with interest.

Discuss Your Case With Our Coconut Creek Team

Whether you’re trying to hold the other party to an order they’ve been ignoring or you’re facing a contempt motion and need to protect yourself, The Law Offices of Jonny Kousa, P.L. offers a free consultation to talk through your situation. Attorney Jonny Kousa can review the facts of your case and outline the enforcement or defense strategy that fits.

Call (954) 626-8071 or contact us online to schedule your free consultation with The Law Offices of Jonny Kousa, P.L..