Florida Family Law Rules of Procedure Form 12.946 is the Motion for Civil Contempt/Enforcement you file when the other parent or spouse ignores a court order to pay child support, alimony, or follow a parenting plan. You fill it out by entering case details, listing the violated order, stating the amounts owed or acts disobeyed, attaching proof, and asking the judge for specific relief like a purge amount, wage garnishment, or jail until compliance.
This single form can restart payments, recover months of arrears, and force compliance with a parenting plan when the other side stops cooperating. The Florida Department of Revenue Child Support Program collected over $1.85 billion in child support in fiscal year 2024, yet the federal Office of Child Support Services reports that roughly 30% of cases nationwide still involve unpaid arrears, which is exactly why Form 12.946 exists.
Here is what you will learn in this guide:
- 📝 How to complete every line of Form 12.946(a) and 12.946(b) without errors that get your motion denied
- ⚖️ The legal standard the judge applies under Florida Family Law Rule 12.615 and the landmark case Bowen v. Bowen
- 💵 How to calculate the correct arrears, interest, and purge amount the court can order
- 🚫 The seven biggest mistakes pro se filers make and the exact consequences each one triggers
- 📅 What happens at the contempt hearing, including how to prove ability to pay and what relief to demand
What Is Florida Family Law Form 12.946?
Florida Family Law Rules of Procedure Form 12.946 is a Florida Supreme Court approved motion used to ask a circuit court judge to enforce an existing family law order through civil contempt powers. The form is published by the Florida Courts Self-Help Center and is required reading for any parent, spouse, or attorney who needs to compel payment or compliance after a final judgment, administrative support order, or temporary order has been ignored.
The form exists in several sub-versions. The most commonly used are 12.946(a) Motion for Civil Contempt/Enforcement, and 12.946(b) Motion for Civil Contempt/Enforcement After Order Establishing Support. There is also a version used by the Florida Department of Revenue when the state initiates enforcement on behalf of a Title IV-D recipient. Each sub-form follows the same skeleton but adapts language for the type of underlying order at issue.
The plain-English purpose is simple. When a court orders someone to pay $600 per month in child support and that person stops paying, you cannot just call the police. Instead, Florida law gives you a civil tool to drag the non-paying party back to court, prove the missed payments, and ask the judge to use coercive powers, including incarceration, to force compliance. The consequence of skipping this form and trying informal demands is that arrears keep growing, statutes of limitation can chip away at your remedies, and the other side faces no meaningful pressure.
A common misconception is that filing Form 12.946 puts the other parent in criminal contempt. It does not. Civil contempt under Rule 12.615 is coercive, meaning the goal is future compliance, not punishment. The other party always holds the keys to the jail cell because they can purge the contempt by paying a court-set amount.
A real-world example helps. Maria in Hillsborough County has a 2022 final judgment ordering her ex-husband to pay $750 per month in child support. He paid for eight months, then stopped. Eighteen months later, Maria is owed $13,500. She files Form 12.946(b), attaches her Florida State Disbursement Unit payment history, and asks the judge to find her ex in contempt and set a purge of $5,000 with continued monthly payments restored.
The Two Main Sub-Forms Explained
Form 12.946(a) is used when the underlying order is a non-support order, like a parenting plan or a property award, or when the support obligation has not yet been fully reduced to a final money judgment. Form 12.946(b) is used when there is already a clear, liquidated support order from the court, including final judgments of dissolution, paternity orders, and administrative support orders adopted by the court.
The choice matters because the wrong form can get your motion struck or your hearing reset. If you file 12.946(a) on a clear support arrears case, the judge may require you to refile under 12.946(b). The consequence is wasted weeks while arrears keep accruing and the other side gets more notice to hide assets.
A common misconception is that you can mix and match the two by deleting paragraphs you do not like. That violates Florida Family Law Rule of Procedure 12.900, which requires you to use the form substantially as published. The consequence of heavy edits is that opposing counsel can move to strike your pleading and you start over.
Who Can File Form 12.946
Any party to the underlying order can file the motion. That includes biological parents, adoptive parents, former spouses, the Florida Department of Revenue acting on behalf of a child support recipient, and in rare cases legal guardians who hold a court-recognized obligation. You do not need an attorney, but you do need standing under the order itself.
The consequence of filing without standing is immediate dismissal. For example, a grandparent who pays for daycare cannot file 12.946 to recover those costs unless the underlying order names them as a payee. The misconception that “I am paying so I can sue” is a fast way to get your motion denied with the other side seeking attorney fees.
A real-world example involves David in Orange County who is the legal father under a 2020 paternity judgment. The mother stops following the timesharing schedule. David has standing to file 12.946(a) because he is a named party to the parenting plan, even though no money is at issue.
Step-by-Step: Filling Out the Caption and Case Information
The top section of Form 12.946 is the caption. You must enter the exact county, judicial circuit, case number, and division as they appear on your final judgment. Even one digit off in the case number can cause the clerk to open a brand-new file, which delays your hearing by weeks and can require an administrative order from the Chief Judge to consolidate.
Underneath the caption you list the Petitioner and Respondent exactly as they appear in the original case style. If the original petition listed the mother as Petitioner, she stays the Petitioner forever in that case, even if she is the one being held in contempt today. The consequence of flipping the parties is a confused docket and a judge who may question your basic familiarity with the rules.
You also indicate which party is filing the motion. The form uses checkboxes labeled “Petitioner/Mother/Father/Other.” Check only one. The misconception that you must check every applicable box leads to ambiguous pleadings that opposing counsel will use to argue you have not stated a claim.
A real-world example involves Jasmine in Broward County whose 2019 case number is 19-DR-001234. She accidentally writes 19-DR-01234 on the motion. The clerk routes the filing to the wrong division, the hearing notice never reaches the respondent, and the judge denies her motion for lack of service. She loses six weeks and has to refile.
Identifying the Order You Want Enforced
Paragraph 1 of the form asks you to identify the specific order being violated. You must list the exact title of the order, the date it was entered, and the judge who signed it. Pull this information from the certified copy at the clerk of court in the county where the order was entered.
The consequence of vague identification, like writing “the divorce order,” is that the respondent can file a motion to dismiss for lack of specificity. Florida judges expect precision because contempt is a serious remedy that can result in jail time. A misconception is that the judge will “just look it up.” Judges will not, and clerks are barred from giving legal advice.
A real-world example is Carlos in Miami-Dade County who writes “Final Judgment, July 2018” on his motion. The respondent had three orders entered that month. The judge requires Carlos to amend his motion to specify the Final Judgment of Dissolution of Marriage entered July 17, 2018, by Judge Alvarez, before any hearing is set.
Listing the Specific Violations
Paragraph 2 is where most pro se filers stumble. You must list each violation with date, amount, and nature of the breach. For child support, that means a month-by-month ledger showing the amount due, the amount paid, and the resulting arrearage. The Florida State Disbursement Unit provides downloadable payment histories that satisfy this requirement.
The plain-English rule is that vague allegations equal denied motions. The consequence of writing “he stopped paying in 2023” is that you have not given the respondent fair notice of what to defend, which violates due process under the Fourteenth Amendment as interpreted in Turner v. Rogers, 564 U.S. 431 (2011).
A common misconception is that interest accrues automatically without you having to plead it. Under Florida Statute § 55.03 and § 61.14, you should expressly request statutory interest on each unpaid installment from its due date.
A real-world example is Aisha in Duval County who attaches a 24-month spreadsheet showing $750 due each month, payments of $0 in 14 months and partial payments in 4 months, and a running balance of $13,200 plus $612 in statutory interest. The judge accepts the ledger as competent evidence and grants the motion.
Step-by-Step: Drafting the Allegations and Relief Requested
After identifying the order and listing violations, you move into the substantive allegations. Paragraph 3 of Form 12.946(b) asks you to state that the other party had the ability to pay and willfully failed to pay. This is the legal heart of every Florida civil contempt case under Bowen v. Bowen, 471 So. 2d 1274 (Fla. 1985).
The plain-English rule is that the judge cannot hold someone in contempt just because they did not pay. The judge must find that the person could have paid but chose not to. The consequence of skipping the willfulness allegation is dismissal because you have failed to plead a prima facie case.
A common misconception is that ability to pay must be proven before filing. It does not. You only need to allege it in good faith. Once the underlying support order exists, Florida law presumes the ability to pay continues, shifting the burden to the respondent to disprove it at the hearing.
A real-world example is Ethan in Palm Beach County who alleges his ex-wife earns $95,000 per year as a registered nurse and has the clear ability to pay $400 per month in alimony. The burden then shifts to her to show involuntary loss of income, medical hardship, or another defense recognized under Gregory v. Rice, 727 So. 2d 251 (Fla. 1999).
The Purge Amount: Your Most Important Ask
Every Florida civil contempt motion must request a purge amount. This is the sum the respondent must pay to avoid or end incarceration. Under Rule 12.615(e), the purge must be an amount the respondent has the present ability to pay, supported by separate written findings.
The plain-English rule is that you cannot ask for the entire arrearage as a purge unless the respondent actually has that money sitting in an account. Asking for $13,000 when the respondent earns $2,800 per month is unconstitutional under Bowen. The consequence of an excessive purge is reversal on appeal and possibly sanctions.
A common misconception is that the purge equals the arrearage. It does not. Smart filers ask for a reasonable purge that the court can find supported by evidence, like a tax refund the respondent received or a bonus deposited last week.
A real-world example is Priscilla in Lee County who learns the respondent just received a $7,200 federal tax refund. She asks the court to set a purge of $5,000, leaving $2,200 for the respondent’s living expenses. The judge finds the present ability to pay and orders the purge or 30 days in jail.
Common Relief Requests to Include
Below is a 2-column scenario table showing common requests and their legal effect.
| Relief Requested | Legal Effect Under Florida Law |
|---|---|
| Income deduction order under § 61.1301 | Automatic wage garnishment paid through the State Disbursement Unit |
| Suspension of driver license under § 61.13016 | DHSMV suspends license until purge paid or payment plan adopted |
| Writ of bodily attachment | Sheriff arrests respondent and brings them before the court |
| Attorney fees under § 61.16 | Loser pays movant’s reasonable fees if entitled and able |
| Judgment for arrears with interest | Recordable lien good for 20 years under § 55.10 |
Service, Filing, and Setting the Hearing
After signing the motion under penalty of perjury, you file it with the clerk of court in the original case. The 2026 statewide filing fee for a contempt motion is generally waived in family law cases under Florida Statute § 28.241, but each circuit has local quirks. Always check with your local clerk.
You must serve the motion on the respondent. Service of a contempt motion that seeks incarceration must comply with Rule 12.615(b), which requires personal service by the sheriff or a certified process server, not mail. The consequence of mailing the motion when jail is on the table is that any contempt order entered will be vacated on appeal as a due process violation under Pompey v. Cochran, 685 So. 2d 1007 (Fla. 1997).
A common misconception is that e-service through the Florida Courts E-Filing Portal is enough for contempt. It is not when incarceration is sought. E-service satisfies later pleadings, but the initial contempt motion requires personal service.
A real-world example is Marcus in Sarasota County who emails his contempt motion to the respondent’s attorney. At the hearing, the judge denies the motion because Marcus skipped personal service. He has to repay a process server, refile a Notice of Hearing, and wait another 45 days.
Notice of Hearing and the 14-Day Rule
Once filed, you must obtain a hearing date from the judicial assistant and send a Notice of Hearing using Form 12.923. Most circuits require at least 14 days’ notice for contempt hearings, though local administrative orders vary. Check your circuit’s local rules before noticing the hearing.
The plain-English rule is that the respondent must have enough time to prepare a defense, hire counsel, and gather pay stubs. The consequence of a too-short notice is a continuance, which favors the non-paying party because arrears keep growing without coercive pressure.
A misconception is that the court clerk schedules the hearing. They do not. You must contact the judge’s judicial assistant. Some judges require a Uniform Motion Calendar coordination certificate before any hearing is set.
A real-world example is Sophia in Pinellas County who sets a hearing only 9 days out. The respondent’s attorney files a motion to continue. The hearing is reset 35 days later, and Sophia loses leverage when the respondent suddenly “finds” the money the day before the new hearing.
What Happens at the Contempt Hearing
At the hearing, the burden of proof has two stages. First, you, the movant, must prove the underlying order exists and that the respondent failed to comply. This is usually a quick paper showing using the certified order and the State Disbursement Unit ledger. Once you make that showing, the burden shifts to the respondent to prove inability to pay.
The plain-English rule from Bowen is that the respondent must come forward with evidence, like medical records, layoff letters, or bank statements, showing they truly cannot pay. The consequence of remaining silent is that the court will presume continued ability to pay and grant the motion.
A common misconception is that the respondent gets a free public defender. Under Turner v. Rogers, 564 U.S. 431 (2011), there is no automatic right to counsel in civil contempt cases, even when jail is possible, so long as the court uses safeguards like a clear notice that ability to pay is the key issue and a financial form for the respondent to complete.
A real-world example is Hector in Orange County who shows up to a 12.946(b) hearing without a lawyer or a Family Law Financial Affidavit. The judge finds him in contempt because he provided no evidence of inability to pay, and orders a $2,000 purge or 60 days in the Orange County Jail.
Evidence You Must Bring
You should arrive with originals plus three copies of every exhibit. Bring the certified final judgment, the State Disbursement Unit payment history, your own Family Law Financial Affidavit (Form 12.902(b) or (c)), and any text messages, emails, or social media posts showing the respondent’s lifestyle or income.
The consequence of forgetting the certified order is that the judge cannot take judicial notice and may continue the hearing. The misconception that “the judge has the file” is wrong because in many circuits the file is digital and the judge does not pre-read it.
A real-world example is Renee in Volusia County who brings Instagram screenshots showing the respondent on a Caribbean cruise the same week he claimed he could not pay $300 in support. The judge finds the willful failure to pay and orders a $4,500 purge.
Mistakes to Avoid When Filing Form 12.946
The following mistakes appear over and over in Florida family law dockets. Each one carries a specific negative outcome that can cost you months of recovery time.
- Filing the wrong sub-form, such as 12.946(a) on a clear arrears case, which results in your motion being struck and weeks of lost time
- Failing to allege willfulness and ability to pay, which guarantees dismissal under Bowen v. Bowen
- Mailing instead of personally serving the motion, which voids any contempt order entered under Pompey v. Cochran
- Asking for an unrealistic purge equal to the entire arrears, which gets reversed on appeal as a constitutional violation
- Skipping the Family Law Financial Affidavit, which leaves the judge without a basis to find present ability to pay
- Using vague dates and amounts instead of a month-by-month ledger, which violates due process notice requirements
- Forgetting to ask for an income deduction order under § 61.1301, which means future payments still rely on voluntary compliance
- Not requesting attorney fees under § 61.16, which forfeits the chance to recover hundreds or thousands in costs
- Setting the hearing with too little notice, which triggers a continuance and erodes leverage
Three Common Scenarios
The following 2-column tables show how Form 12.946 plays out in three of the most popular fact patterns Florida judges see every week.
Scenario 1: Long-Term Child Support Arrears
| Filer’s Move | Court’s Likely Response |
|---|---|
| Files 12.946(b) with 24-month SDU ledger showing $18,000 owed | Finds prima facie case and shifts burden to respondent |
| Requests $5,000 purge plus income deduction under § 61.1301 | Sets purge based on respondent’s recent tax refund evidence |
| Asks for license suspension under § 61.13016 | Conditionally suspends pending payment plan |
Scenario 2: Parenting Plan Violations
| Filer’s Move | Court’s Likely Response |
|---|---|
| Files 12.946(a) showing 8 missed weekend exchanges | Reviews log and considers makeup timesharing |
| Asks for makeup time and parenting coordinator | Orders makeup time and may appoint coordinator under § 61.125 |
| Requests attorney fees under § 61.16 | Reserves jurisdiction on fees pending compliance |
Scenario 3: Alimony Default by Self-Employed Spouse
| Filer’s Move | Court’s Likely Response |
|---|---|
| Files 12.946(b) alleging $12,000 in unpaid alimony | Holds evidentiary hearing on ability to pay |
| Subpoenas business bank records and 1099s | Imputes income based on lifestyle evidence |
| Requests purge tied to documented liquid assets | Sets purge consistent with Bowen safeguards |
Do’s and Don’ts
The following lists capture the most important behavioral rules drawn from Florida Family Law Rule 12.615 and decades of appellate case law.
Do’s
- Do attach a certified copy of the underlying order, because without it the judge has no jurisdictional anchor for contempt
- Do plead willfulness and present ability to pay, because Florida law requires both elements before any coercive sanction
- Do personally serve the motion, because incarceration without personal service violates due process under Pompey
- Do bring a current Family Law Financial Affidavit, because judges weigh both parties’ finances when setting a purge
- Do request statutory interest, because under § 55.03 and § 61.14 each missed payment earns interest from its due date
Don’ts
- Don’t edit the standard form language heavily, because Rule 12.900 requires substantial conformity with the published form
- Don’t ask for criminal penalties on a civil contempt motion, because the two procedures are separate and mixing them risks double jeopardy issues
- Don’t request a purge equal to total arrears, because Bowen requires the purge to match present ability to pay
- Don’t rely on email or text screenshots without authentication, because the respondent can object under Florida Evidence Code § 90.901
- Don’t skip the income deduction order, because without it the next missed payment forces yet another contempt motion
Pros and Cons of Filing Form 12.946
Below are the practical advantages and disadvantages every filer should weigh before committing to a contempt path instead of a simpler enforcement path through the Department of Revenue.
Pros
- Pro: It triggers the court’s full coercive power, including jail, which other enforcement tools cannot do
- Pro: It can produce immediate cash recovery through a court-ordered purge, especially when the respondent has liquid assets
- Pro: It supports recovery of attorney fees under § 61.16, shifting the cost of enforcement to the non-paying party
- Pro: It builds a record of willful nonpayment that helps in later modifications, relocation cases, or timesharing disputes
- Pro: It can be paired with an income deduction order to automate future compliance through the State Disbursement Unit
Cons
- Con: It is procedurally strict, and small mistakes get the motion dismissed or reversed on appeal
- Con: It requires personal service and a noticed hearing, which costs time and money
- Con: It can backfire if the respondent proves genuine inability to pay, leaving you with no purge and possibly fees against you
- Con: It may inflame an already hostile co-parenting relationship and harm later mediation efforts
- Con: It does not eliminate the underlying arrears, which remain collectible even after the contempt is resolved
Key Florida Statutes, Rules, and Cases to Know
The legal landscape around Form 12.946 is shaped by a handful of authorities every filer must understand. The starting point is Florida Family Law Rule of Procedure 12.615, which sets out the procedure for civil contempt in support matters. The plain-English version is that the rule codifies the Bowen safeguards and requires written findings on present ability to pay before any incarceration order.
The supporting statutes include § 61.13 on parenting and support, § 61.14 on enforcement and modification, § 61.1301 on income deduction, and § 61.16 on attorney fees. The consequence of not citing these statutes in your motion is that the judge may not award the full menu of relief Florida law allows.
The leading case is Bowen v. Bowen, 471 So. 2d 1274 (Fla. 1985), which established that civil contempt for nonpayment of support requires a finding of present ability to pay the purge. Other essential cases include Pompey v. Cochran, 685 So. 2d 1007 (Fla. 1997), on personal service for incarceration, Gregory v. Rice, 727 So. 2d 251 (Fla. 1999), on burden shifting once the underlying order is shown, and the federal benchmark Turner v. Rogers, 564 U.S. 431 (2011), on due process safeguards in civil contempt without counsel.
A common misconception is that these cases only matter on appeal. They matter at every stage, including drafting paragraph 3 of your motion, because every allegation must track the elements these cases require.
A real-world example is Olivia in Hillsborough County, whose attorney pleads each Bowen element verbatim, attaches the Turner financial form for the respondent to complete at the hearing, and personally serves under Pompey. The judge enters a textbook contempt order that survives a later appeal without a single remand.
Federal Backdrop
Federal law supplies the structural rules. Title IV-D of the Social Security Act requires every state, including Florida, to maintain an enforcement mechanism for child support. The federal Office of Child Support Services also requires states to allow license suspension, tax refund interception, and credit bureau reporting, all of which appear in Florida’s enforcement toolbox.
The plain-English consequence is that even if Florida wanted to relax its enforcement, it could not without losing federal funding. The misconception that contempt is purely a state matter ignores the federal scaffolding that makes Florida’s system possible.
A real-world example is Brandon in Escambia County whose case is a Title IV-D case because the mother receives Medicaid for the child. The Florida Department of Revenue joins the contempt action, federal tax refunds are intercepted under the Federal Tax Refund Offset Program, and Brandon’s arrears drop by $4,300 before the hearing even starts.
Frequently Asked Questions
Do I need a lawyer to file Form 12.946?
No. You may file pro se, but contempt is procedurally strict, and a single missed step like personal service can void the order, so many parents hire counsel for the hearing itself.
Can the respondent go to jail for unpaid child support?
Yes. Under Rule 12.615, a Florida judge can order incarceration until the respondent pays a court-set purge they have the present ability to pay.
Is filing Form 12.946 free?
Yes. Most Florida circuits do not charge a separate filing fee for a contempt motion in an existing family law case under § 28.241, but always confirm with the local clerk.
Can I email the motion to the other parent?
No. When jail is sought, you must use personal service through the sheriff or a certified process server, per Pompey v. Cochran, or any contempt order will be vacated.
Does interest accrue on unpaid child support in Florida?
Yes. Under § 55.03 and § 61.14, each unpaid installment earns statutory interest from the date it was due, and you should expressly request it in your motion.
Can I use Form 12.946 for parenting plan violations?
Yes. Form 12.946(a) covers non-support contempt, including missed timesharing exchanges, and the court can award makeup time and order a parenting coordinator under § 61.125.
Will the judge automatically suspend the respondent’s driver license?
No. License suspension under § 61.13016 requires a specific request and findings, so include it in your relief paragraph or you will not get it.
Can I recover attorney fees if I win?
Yes. Under § 61.16, the court may award reasonable fees based on need and ability to pay, but you must specifically plead and prove entitlement.
Does the Department of Revenue file Form 12.946 for me?
Yes. In Title IV-D cases, the Florida Department of Revenue can pursue contempt on your behalf, though it controls strategy and may pursue administrative remedies first.
Can I drop the contempt motion if the respondent pays?
Yes. You may file a notice of voluntary dismissal or a stipulated order resolving the motion, but consider keeping the income deduction order in place to prevent future defaults.
What if the respondent lives out of state?
Yes, you can still enforce, but the Uniform Interstate Family Support Act controls procedure, and you may need to register the order in the respondent’s state under § 88.6011.
Can the respondent counter-file a modification to escape contempt?
No, a pending modification under § 61.14 does not stay enforcement of past-due amounts, because Florida law treats vested arrears as final judgments not subject to retroactive modification.
How long do I have to file?
Yes, there is a limit of sorts; Florida treats child support installments as final judgments collectible for 20 years under § 95.11, so file early to maximize leverage and avoid laches arguments.
Related reading
- How to Fill Out Florida Form 12.941(a) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.947(a) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.950(a) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.992(a) (w/Examples) + FAQs
- How to Fill Out Florida Form P-5.0270 (w/Examples) + FAQs
- How to Fill Out Florida Form 12.917 (w/Examples) + FAQs
- How to Fill Out Florida Form 12.930(d) (w/Examples) + FAQs