If a person owes you court-ordered child support, alimony, or other money under a Florida family law judgment and refuses to pay, you can use Florida Supreme Court Approved Family Law Form 12.992(a) to ask the judge to hold them in civil contempt and force payment. The form is the official Motion for Civil Contempt/Enforcement, and filing it correctly is the difference between a wage garnishment that fixes the problem and a hearing that gets dismissed.
According to the Florida Department of Revenue Child Support Program, Florida collected over $1.7 billion in child support in a single fiscal year, yet roughly 1 in 4 cases still falls behind, which is why the contempt motion is one of the most-filed pleadings in Florida family court.
Here is what you will learn in this guide:
- 📝 How to fill in every line of Form 12.992(a) without triggering a clerk rejection
- ⚖️ The legal standard for civil contempt under Rule 12.615 and Bowen v. Bowen
- 💰 How to calculate arrears, interest, and a proper “purge” amount
- 👨⚖️ What happens at the contempt hearing and what the judge can order
- 🚫 The seven most common mistakes that get motions denied or sanctioned
What Florida Form 12.992(a) Actually Is
Florida Family Law Form 12.992(a) is the standardized Motion for Civil Contempt/Enforcement approved by the Florida Supreme Court for use in family law cases. The form lets a party who is owed money or another duty under a final judgment ask the court to enforce that judgment by holding the other side in civil contempt of court. You file the motion in the same circuit court that issued the original order, using the same case number, because contempt is always a post-judgment proceeding tied to an existing order.
The form is grounded in Florida Family Law Rule of Procedure 12.615, which governs civil contempt in support matters, and in Florida Statute § 61.14, which gives the court power to enforce support orders. Civil contempt is coercive, not punitive, meaning the goal is to make the person comply, not to punish them. That is why every contempt order must include a “purge” provision, an amount the person can pay or an act they can perform to immediately end the contempt.
The consequence of using the wrong form is dismissal. If you need to enforce a parenting plan or timesharing schedule, you must use Form 12.992(c), not 12.992(a). A common misconception is that 12.992(a) covers everything; it does not, and filing the wrong form wastes the filing fee and delays relief by weeks.
When 12.992(a) Is the Right Tool
Use Form 12.992(a) when the other party has the present ability to pay a court-ordered monetary obligation but is willfully refusing. Typical uses include unpaid child support, unpaid alimony, unpaid uncovered medical expenses, unpaid attorney’s fees awarded in a final judgment, and unpaid equitable distribution payments. The motion is also proper when the obligor has failed to maintain court-ordered health insurance or life insurance.
The “willful” element is critical. The Florida Supreme Court held in Bowen v. Bowen, 471 So. 2d 1274 (Fla. 1985) that a person cannot be jailed for contempt unless they have the present ability to comply. If the obligor lost their job and truly cannot pay, the proper remedy is a Supplemental Petition to Modify Child Support, Form 12.905(b), filed by the obligor, not contempt by you. The consequence of filing 12.992(a) against someone who genuinely cannot pay is that the judge will deny the motion and may award attorney’s fees against you.
When 12.992(a) Is the Wrong Tool
Form 12.992(a) is the wrong tool for parenting plan violations, denial of timesharing, or refusal to follow a parenting schedule. For those issues, file Form 12.992(c), Motion for Contempt/Enforcement (Parenting Issues), which has its own legal standard and remedies, including makeup time and parenting coordination.
It is also the wrong tool when no final order yet exists. Contempt requires a clear, definite, prior court order that the obligor has violated. If you are still in the divorce or paternity case and have only a temporary order, you may use 12.992(a) for support violations, but you cannot use it to enforce informal agreements or settlement memoranda that were never adopted by the court. The consequence of skipping this step is immediate denial; judges have no jurisdiction to enforce something they never ordered.
Step-by-Step: Filling Out Form 12.992(a)
The form has a caption, a body with numbered allegations, a notice section, a signature block, and a certificate of service. Every blank must be completed truthfully, and every factual allegation must be something you can prove at the hearing. The Florida Bar’s Family Law Self-Help Center recommends drafting in pencil first, then transferring to the official form.
The form is available as a fillable PDF on the Florida Courts forms page. Always download a fresh copy because the Supreme Court updates these forms regularly, and clerks reject outdated versions. The current version reflects amendments through the most recent In re: Amendments to the Florida Family Law Rules of Procedure opinion.
The Caption (Court, County, Case Number)
The caption sits at the top of page one and identifies the court, the parties, and the case number. Enter the judicial circuit (for example, “Eleventh Judicial Circuit” for Miami-Dade) and the county exactly as they appear on your final judgment. Use the case number from your original divorce, paternity, or support case; do not create a new number, because contempt is a continuation of the existing case.
The petitioner is the party who started the original case, and the respondent is the other party, regardless of who is filing the contempt motion now. If you were the respondent in the divorce, you remain the respondent on the contempt motion. The consequence of mislabeling parties is clerk rejection and loss of the filing date for statute-of-limitations purposes.
Paragraph 1: Identifying the Order Violated
Paragraph 1 asks you to identify the specific order being violated. Write the full title of the order (for example, “Final Judgment of Dissolution of Marriage”), the date the judge signed it, and the page or paragraph number that contains the obligation. Attach a certified copy of the order as an exhibit if the case has been transferred or the file is old.
Be precise. A vague reference such as “the divorce order” gives the judge no way to confirm the obligation exists. The consequence of vagueness is a continuance, which can add 60 to 90 days to your wait. Real example: Maria Gonzalez in Hillsborough County wrote “Final Judgment dated March 14, 2022, paragraph 7(a), ordering Respondent to pay $850 per month in child support,” and her motion sailed through.
Paragraph 2: Describing the Violation
Paragraph 2 is where you describe exactly how the other party violated the order. List each missed payment by date and amount, or describe the specific act they failed to perform. Total the arrears through the date you sign the motion, and state that total clearly.
Do not editorialize. Stick to facts: dates, dollar amounts, and missed deadlines. The consequence of emotional language (“he is a deadbeat who never cared”) is a judge who tunes out your motion. A common misconception is that the judge wants to hear the back story; judges want numbers and dates.
Paragraph 3: Ability to Pay
Paragraph 3 requires you to allege that the other party has the present ability to comply. You do not need bank statements at the filing stage, but you must have a good-faith basis. Common bases include the obligor’s known employment, recent social media posts showing income, vehicle purchases, or the simple fact that the original order was based on their proven income.
This paragraph implements the Bowen requirement. The consequence of skipping it is automatic denial, because civil contempt cannot stand without an ability-to-pay allegation. Real example: David Chen in Orange County alleged that the respondent “is employed full-time at a named employer earning approximately $62,000 per year as reflected in the most recent financial affidavit filed in this case,” which satisfied the standard.
Paragraph 4: Relief Requested
Paragraph 4 lists the specific remedies you want. Check every box that applies, including a finding of contempt, a money judgment for arrears, income deduction, suspension of driver’s license under Florida Statute § 61.13016, interest at the statutory rate, attorney’s fees, court costs, and incarceration with a purge amount.
Do not be shy. Florida courts will only grant remedies you actually request. The consequence of leaving boxes unchecked is leaving money and leverage on the table. A common misconception is that asking for jail is overreaching; in reality, the threat of incarceration with a purge is what makes civil contempt work.
Signature, Notarization, and Certificate of Service
You must sign the motion under penalty of perjury. Florida no longer requires notarization for most family law motions, but you must include the self-executing oath language found in the form. The certificate of service confirms you mailed or e-served a copy on the other party or their attorney.
Service is mandatory. Under Florida Rule of General Practice and Judicial Administration 2.516, all post-judgment pleadings must be served via the Florida Courts E-Filing Portal when the recipient has an e-mail address on file, or by U.S. mail if pro se without e-mail. The consequence of bad service is the judge refusing to hear the motion at all.
Three Real-World Scenarios
The next three tables show how the form plays out in common situations. Each scenario illustrates a different obligation and a different remedy, and each is drawn from typical Florida circuit court practice. The “Filing Move” column shows what the petitioner did, and the “Court Outcome” column shows what the judge ordered.
Scenario 1: Unpaid Child Support in Broward County
| Filing Move | Court Outcome |
|---|---|
| Latoya Williams files 12.992(a) alleging $9,200 in unpaid child support over 11 months and attaches a Department of Revenue payment history printout | Judge finds willful contempt, enters money judgment for $9,200 plus statutory interest under § 55.03, orders income deduction, sets a $2,000 purge payable in 30 days, and suspends the obligor’s driver’s license |
Scenario 2: Unpaid Alimony in Palm Beach County
| Filing Move | Court Outcome |
|---|---|
| Robert Alvarez files 12.992(a) alleging six months of unpaid permanent periodic alimony at $3,500 per month, attaching the original Final Judgment and bank statements showing no deposits | Judge enters money judgment for $21,000, awards $2,500 in attorney’s fees under § 61.16, and orders the obligor jailed with a $5,000 purge after finding present ability based on a recent boat purchase |
Scenario 3: Unpaid Medical Expenses in Duval County
| Filing Move | Court Outcome |
|---|---|
| Priya Patel files 12.992(a) for $4,800 in unreimbursed medical expenses for the parties’ child, attaching itemized bills and proof of timely 30-day notice under § 61.13 | Judge enters money judgment for the full $4,800, orders repayment over 12 months added to the income deduction order, and warns of incarceration on any further default |
Calculating Arrears, Interest, and the Purge
Getting the math right is the single biggest predictor of success. Arrears equal the total amount due minus the total amount actually paid through the date you sign the motion. Pull a certified payment history from the State Disbursement Unit for child support, or compile your own ledger from bank records for alimony.
Florida adds statutory interest to past-due support automatically. The interest rate is set quarterly by the Florida Chief Financial Officer. For 2026 the rate has hovered near 7% to 8% annual, and that interest compounds the longer the arrears sit unpaid. The consequence of forgetting interest is leaving thousands on the table over the life of a long arrears case.
Setting the Purge Amount
The purge is the amount the obligor must pay to “purge” the contempt and avoid jail. Under Bowen, the purge must reflect the obligor’s present ability to pay, not the full arrears. A common purge is one to three months of the regular payment plus a small lump sum.
The consequence of asking for an unrealistic purge is reversal on appeal. In Gregory v. Rice, 727 So. 2d 251 (Fla. 1999), the Florida Supreme Court reaffirmed that incarceration without a purge the obligor can actually meet is unconstitutional. A common misconception is that the purge equals the full arrears; it almost never does.
Income Deduction Orders
Whenever support is involved, ask the judge to enter or update an Income Deduction Order, Form 12.996(a). The IDO automatically takes the support from the obligor’s paycheck, removing the obligor’s chance to skip payments in the future. Florida law under § 61.1301 makes IDOs mandatory in nearly every support case.
The consequence of not requesting an IDO is repeat contempt motions every few months. Real example: Jamal Robinson in Leon County had to file three separate 12.992(a) motions over two years before he finally requested an IDO, and after that the payments arrived on time for 18 straight months.
Filing, Service, and Setting the Hearing
Once the motion is signed, file it through the Florida Courts E-Filing Portal. The filing fee for a post-judgment motion in family court is generally $50, but fees vary slightly by county; check the Clerk of Court fee schedule for your jurisdiction. If you cannot afford the fee, file an Application for Determination of Civil Indigent Status.
After filing, you must serve the motion on the other party. If the other party has counsel of record, e-service through the portal is sufficient. If they are pro se, mail a copy to the address on file and complete the certificate of service. The consequence of skipping service is automatic continuance and a wasted hearing date.
Notice of Hearing
You must also schedule a hearing and serve a Notice of Hearing, Form 12.922(b) or 12.922(c). Because civil contempt can result in incarceration, the notice must warn the respondent that they may be jailed if they fail to appear or fail to pay; the notice form includes the required Bowen warning language. The consequence of using the wrong notice form is a void contempt order.
Most circuits require you to coordinate the hearing date with the judicial assistant before noticing it. Hearings on 12.992(a) motions are typically 15 to 30 minutes, but complex cases may need a longer block. Real example: Elena Marquez in Pinellas County requested a 45-minute special set hearing because she had six exhibits and three witnesses, and the judge appreciated the realistic time estimate.
What Happens at the Contempt Hearing
At the hearing, the petitioner goes first. Introduce the original order, present the payment history, and testify to the missed payments and the obligor’s apparent ability to pay. The burden then shifts to the obligor to prove inability under Rule 12.615(d), which is a notable feature of Florida contempt practice.
The judge will make written findings on three points: (1) a prior order requiring payment exists, (2) the obligor failed to pay, and (3) the obligor had the present ability to pay. Without all three findings in writing, the order is reversible. The consequence of accepting an oral ruling without written findings is a months-long delay if you ever need to enforce or appeal.
Possible Sanctions
Sanctions can include a money judgment, income deduction, license suspension under § 61.13016, passport denial through the federal Passport Denial Program, credit bureau reporting, attorney’s fee awards under § 61.16, and incarceration with a purge. The judge can stack remedies, and most do.
The consequence for the obligor of ignoring the hearing is severe. Florida judges routinely issue writs of bodily attachment for no-shows, and the sheriff will arrest the obligor on sight. A common misconception is that not showing up “buys time”; in reality, it accelerates incarceration.
Mistakes to Avoid
Even strong cases can be lost on small errors. The list below shows the seven mistakes most often cited in appellate reversals of family law contempt orders, plus their consequences.
- Filing 12.992(a) for parenting plan violations. The consequence is dismissal because 12.992(c) is the correct form for timesharing issues.
- Forgetting the ability-to-pay allegation. The consequence is denial under Bowen, even if the obligor is clearly hiding money.
- Asking for a purge equal to total arrears. The consequence is reversal on appeal because the purge must match present ability.
- Skipping the certificate of service. The consequence is the judge refusing to hear the motion at all.
- Using an outdated form version. The consequence is clerk rejection and loss of the filing date.
- Failing to attach a payment history. The consequence is a continuance because the judge cannot calculate arrears without it.
- Showing up without certified copies of the original order. The consequence is the obligor objecting to authenticity and the judge sustaining the objection.
- Mixing contempt and modification in the same motion. The consequence is procedural confusion and a likely strike of the pleading.
- Failing to request attorney’s fees. The consequence is paying your own legal bill even when you win.
Do’s and Don’ts
The do’s and don’ts below come from common practice in Florida family courts. Each item includes a brief why so you understand the reasoning, not just the rule.
Do’s
- Do download the current form from the Florida Courts website, because outdated versions get rejected.
- Do attach a certified payment ledger, because numbers without proof are just allegations.
- Do request income deduction in every support case, because IDOs prevent future contempt filings.
- Do ask for attorney’s fees under § 61.16, because Florida favors fee-shifting in family law enforcement.
- Do schedule the hearing at the same time you file, because dockets fill up fast in busy circuits.
Don’ts
- Don’t include emotional narrative, because judges decide on facts, not feelings.
- Don’t request a purge larger than the obligor can actually pay, because Bowen makes that order void.
- Don’t forget to serve the motion through the e-filing portal, because bad service kills the hearing.
- Don’t combine contempt with a modification request, because the two require different procedures and findings.
- Don’t skip the Bowen warning in the notice of hearing, because the resulting contempt order is unenforceable.
Pros and Cons of Using 12.992(a)
The motion is powerful, but it is not free of trade-offs. The points below highlight benefits and drawbacks based on day-to-day practice, with a brief why for each.
Pros
- Fast relief, because most circuits hear post-judgment contempt motions within 60 days.
- Court-ordered income deduction, because it makes future payments automatic.
- Coercive jail threat, because few obligors risk incarceration once a purge is set.
- Fee-shifting available, because § 61.16 lets the prevailing party recover attorney’s fees.
- License and passport leverage, because losing those tools forces compliance even from self-employed obligors.
Cons
- Filing fees and court costs, because pro se petitioners must front the money unless indigent.
- Time off work, because hearings happen during business hours.
- Risk of fee award against you, because frivolous contempt motions can backfire under § 61.16.
- Limited reach against truly unemployed obligors, because Bowen blocks jail without ability to pay.
- Emotional toll, because re-litigating against a former partner is stressful.
Form 12.992(a) vs. Related Forms
Choosing the right form is half the battle. The table below shows when to use each common enforcement form in Florida family court.
| Form | Best Use |
|---|---|
| 12.992(a) Motion for Civil Contempt/Enforcement | Unpaid child support, alimony, medical expenses, attorney’s fees, and other monetary obligations |
| 12.992(b) Motion for Enforcement | Non-monetary obligations such as transferring a deed, signing a title, or completing a refinance |
| 12.992(c) Motion for Contempt/Enforcement (Parenting Issues) | Timesharing denials, parenting plan violations, refusal to allow phone contact |
| 12.905(b) Supplemental Petition to Modify Support | Filed by the obligor when income drops and support should be lowered |
| 12.996(a) Income Deduction Order | Pairs with 12.992(a) to make support deductions automatic |
Key Court Rulings to Know
Florida contempt practice rests on a small group of cases that every petitioner should understand. Bowen v. Bowen is the foundation: civil contempt requires present ability to pay, and the purge must reflect that ability. The decision draws a bright line between coercive civil contempt and punitive criminal contempt.
Pugliese v. Pugliese, 347 So. 2d 422 (Fla. 1977) clarified that the contempt power exists to enforce, not punish, and that the obligor must always have the keys to the jailhouse in their pocket through the purge. Gregory v. Rice later held that incarceration without a meaningful purge violates due process. Together these three cases shape every 12.992(a) hearing in Florida.
A common misconception is that contempt is a back-door way to revisit the original support amount. It is not. If the obligor believes the support is too high, the only remedy is a modification petition under § 61.14, and that petition cannot retroactively wipe out arrears that accrued before filing.
Federal Backstop and Interstate Cases
When the obligor lives outside Florida, federal law fills the gap. The Uniform Interstate Family Support Act (UIFSA), adopted in Florida as Chapter 88, Florida Statutes, allows Florida orders to be registered and enforced in any state. The federal Office of Child Support Services also runs the Federal Tax Refund Offset Program, which intercepts tax refunds for past-due support.
The consequence of ignoring the federal tools is leaving major collection avenues untapped. A common misconception is that a Florida judge cannot reach an obligor in Georgia; the judge cannot directly jail them, but the order travels with the obligor through UIFSA and the federal enforcement system.
FAQs
Do I need a lawyer to file Florida Form 12.992(a)?
No. The form is designed for self-represented parties, and the Florida Courts Self-Help Center provides instructions, but a lawyer increases your odds of a clean order on the first hearing.
Does filing 12.992(a) automatically stop the obligor’s wages?
No. Wage garnishment requires a separate Income Deduction Order on Form 12.996(a), which the judge typically signs at the same hearing if you request it.
Can I be held in contempt for failing to pay if I lost my job?
No. Under Bowen v. Bowen, civil contempt requires present ability to pay, so a true loss of income is a defense, but you must promptly file a modification petition.
Is there a filing fee for Form 12.992(a)?
Yes. Most Florida clerks charge around $50 for a post-judgment family law motion, though indigent filers can ask for the fee to be waived.
Will the judge automatically order jail if I win?
No. Most judges first order a money judgment, license suspension, and a small purge; jail is reserved for repeat or egregious nonpayment.
Can I add interest to the unpaid arrears?
Yes. Florida applies the statutory interest rate set quarterly by the Chief Financial Officer to all past-due support, and you should request it expressly in paragraph 4.
Does 12.992(a) work for unpaid attorney’s fees from a divorce?
Yes. Court-ordered attorney’s fees in a final judgment are enforceable through civil contempt, the same as support, when the obligor has the ability to pay.
Can the obligor appeal a contempt order?
Yes. Contempt orders are appealable to the appropriate Florida District Court of Appeal, but the obligor must usually post the purge or seek a stay first.
Do I need to serve the motion through a sheriff?
No. Post-judgment motions are served through the e-filing portal or U.S. mail under Rule 2.516, not by personal service through the sheriff.
Can I file 12.992(a) if my case started in another state?
Yes. You must first register the foreign order in Florida under UIFSA using Form 12.961, and then you can file 12.992(a) in the Florida circuit where the order is registered.
Will my driver’s license be at risk if I am behind on support?
Yes. Florida Statute § 61.13016 authorizes license suspension when support is at least 15 days past due, and the Department of Highway Safety enforces the suspension automatically.
Can the judge order the obligor to look for work?
Yes. Florida courts often impose a job-search requirement with documented weekly applications, and failure to comply is itself contemptuous.
Related reading
- How to Fill Out Florida Form 12.941(a) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.946 (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 9.900(e) (w/Examples) + FAQs
- How to Fill Out Florida Form 9.900(c) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.930(d) (w/Examples) + FAQs