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40 verbatim requirements from admin. order AO 12.6 - Civil Contempt in Child Support Matters-Procedures Upon Arrest on Writ of Bodily Attachment (2/19/14) [Family Law].
20th Judicial Circuit. Procedural information only; not legal advice.
Verbatim from https://www.ca.cjis20.org/pdf/ao/ao_12_6.pdf, harvested 2026-07-25; whitespace normalised only. • Attachment, the alleged contemnor be brought before the court within 48 hours for a determination of the alleged contenmor's present ability to pay the purge amount, but does not specifically identify the judicial officer before whom the alleged contenmor is to be brought; and • Proper notice of the hearing on the motion for civil contempt must be served on the alleged contemnor. • It is at the hearing on the motion for civil contempt that the person's ability to pay becomes relevant; civil contempt is not intended to serve as punishment, but rather is intended to compel compliance - before a person can be found to be in civil contempt, a frnding must be made that the failure to pay the court-ordered child support is willful and that the person has the present ability to pay and, therefore, "holds the keys to the jail cell." The preeminent case explaining the process involving civil contempt in child support matters is Bowen v. • Once a Writ of Bodily Attachment has been executed, Rule 12.615 requires that the alleged contemnor be brought before the court within 48 hours for a hearing on whether the alleged contemnor has the present ability to pay support and, if so, whether the failure to pay such support is willful. • If the alleged contemnor does not pay the purge amount prior to First Appearance, the alleged contemnor shall be brought before the First Appearance Judge within 24 hours of arrest preferably, but in no instance more than 48 hours after arrest. • Appearance Judge will order that the alleged contenmor pay an amount which shall be specified in writing on the Order at First Appearance. • Judge will also order that, ifthe specified amount remains unpaid and the alleged contemnor is not released from custody within 48 hours, the alleged contemnor shall be returned to the next scheduled First Appearance. • Prior to release, the alleged contemnor must sign a written acknowledgement at the bottom of the Order at First Appearance of having received a copy of the written order noticing the upcoming date of the appearance. • LJ1 -- 3 of 21 -- of the Order at First Appearance noticing the upcoming date of appearance shall be provided by the Clerk to the Domestic Violence Docket Specialist. • It shall be the responsibility of the alleged contemnor to ensure that the court file timely reflects the filing of proof of payment of the purge, with a copy to all parties and counsel ofrecord, and that a courtesy copy of proof of payment of the purge is provided to the Domestic • Upon payment of this an1ouut, the Respondent shall be released from custody. • If this amo1mt remains unpaid and the Resoondent ii; not released from custody \Vithin 48 hours. the Respondent shall be returned to the next scheduled First Appearance. • The Respondwt shall be immediately released, but is CO}.L\L.\..i.'\"DED to appear before the Honorable at the Lee County Justice- Center, 1700 Monroe Street, Fort J\fyers, Florida 33901, Courtroom . on the ___day of , 20__. at 1:00 pm,_ for the p1upose of a determination of \Vb ether the • If Respondent pays the purge amount prior to the above scheduled hearing, the Respondent must timely file proof of such \Yith the Clerk of Court and shall provide a copy to the Domestic 'lioleuce Unit, Court Administration, 17001'.·fonroe Street, 3rd Floor, Fort Myers, Florida 33901. • Ho\vever, unle_ss Respondent receives u'fitten notice of cancellation of the he.iring, the Respondent must appe-ar even if the- purge h.ts been paid, fo-r the- express purpose of providing proof of payment • Florida 33901, ancl whose telephone number is (239) 533-1771, at least 7 clays before your scheclulecl court appearance, or immediately upon receiving this notification if the time before the schNlnlecl appearance is less than 7 days; if you are hearing or voice impaired, call 711. • If the alleged contemnor does not pay the purge amount prior to First Appearance, the alleged contemnor shall be brought before the First Appearance Judge within 24 hours of atrest. • If the contemnor does not pay the purge amount the case will be brought before a family law circuit court judge within 24 to 48 hours. • If a contemnor is arrested on a writ the day preceding a court holiday, jail records will place the case on the first appearance docket and any subsequent hearing would be set before the family court judge within 48 hours. • Jail records will provide all judiciary assigned to the family law division a weekly printout of all persons arrested on a Writ of Bodily Attachment during that week to assure the statutory requirement has been met and the contemnor has been before the court within 24 hours. • It is at the hearing on the motion for civil contempt that the person's ability to pay becomes relevant; civil contempt is not intended to serve as punishment, but rather is intended to compel compliance - before a person can be found to be in civil contempt, a finding must be made that the failure to pay the court-ordered child support is willful and that the person has the present ability to pay and, therefore, "holds the keys to the jail cell." The preeminent case explaining the process involving civil contempt in child support matters is Bowen v. • Once a Writ of Bodily Attachment has been executed, Rule 12.615 requires thatthe alleged contemnor he brought before the comt within 48 hours for a hearing on whether the alleged contemnor has the present ability to pay support and, if so, whether the failure to pay such support is willful. • However, it shall be the responsibility of the alleged contemnor to ensure that the court file reflects the filing of proof of payment of the purge. • If the alleged contemnor does not pay the purge amount prior to First Appearance, the alleged contemnor shall be brought before the First Appearance Judge within 24 hours of arrest preferably, but in no instance more than 48 hours after anest. • The use of civil contempt sanctions under this rule shall be limited to those used to compel co1npliance with a court order or to compensate a movant for losses sustained as a result of a contemnor's willful failure to comply with a court order. • The motion must recite the essential facts constituting the acts alleged to be contemptuous. • The notice must specify the time and place of the hearing and must contain the following language: "FAILURE TO APPEAR AT THE HEARING MAY RESULT IN THE • MAY BEHELD IN JAIL UP TO 48 HOURS BEFORE A HEARING IS HELD." This notice must also state whether electronic recording or a court reporter is provided by the court or whether a court reporter, if desired, must be provided by the party. • (1) the court shall determine whether the movant has established that a prior order directing payment of support was entered and that the alleged contemnor has failed to pay all or part of the support set forth in the prior order; and (2) if the court finds the movant has established all of the requirements in subdivision (c)(l) of this rule, the court shall, (A) ifthe alleged contemuor is present, determine whether the alleged contemnor had the present ability to pay support and willfully failed to pay such support. • The court may issue a writ of bodily attachment and direct that, upon execution of the writ of bodily attachment, the alleged contemnor be brought before the court within 48 hours for a hearing on whether the alleged contemuor has the present ability to pay support and, if so, whether the failure to pay such support is willful. • After hearing the testimony and evidence presented, the court shall enter a written order granting or denying the motion for contempt. • (1) An order finding the alleged contemnor to be in contempt shall contain a finding that a prior order of support was entered, that the alleged contemnor has failed to pay part or all of the support ordered, that the alleged contemuor had the present ability to pay support, and that the alleged contemnor willfully failed to comply with the prior court order. • The order shall contain a recital of the facts on which these findings are based. • If the cou11 orders incarceration, a coercive fine, or any other coercive sanction for failure to comply with a prior support order, the court shall set conditions for purge of the contempt, based on the conternnor's present ability to comply. • The court shall include in its order a separate affirmative finding that the contemnor has the present ability to comply with the purge and the factual basis for that finding. • If the court orders incarceration but defers incarceration for more than 48 hours to allow the contemnor a -- 13 of 21 -- reasonable time to comply with the purge conditions, and the contemnor fails to comply within the time provided, the movant shall file an affidavit of noncompliance with the court. • Depository, a certificate from the depository shall be attached to the affidavit. • Upon incarceration, the contemnor must be brought before the court within 48 hours for a determination of whether the contemnor continues to have the present ability to pay the purge. • Where there is a failure to pay support or to pay support on a timely basis but the failure is not willful, nothing in this rule shall be construed as precluding the court from £;ranting such relief as may be appropriate under the circumstances. • Should a court wish to impose sanctions for criminal contempt, the comt must refer to Florida Rules of Criminal Procedure 3.830 and 3.840 and must provide the alleged contemnor with all of the constitutional due process protections afforded to criminal defendants.
Attachment, the alleged contemnor be brought before the court within 48 hours for a determination of the alleged contenmor's present ability to pay the purge amount, but does not specifically identify the judicial officer before whom the alleged contenmor is to be brought; and
Reviewer note: Order PDF sha256: 60d41e460c48a8b0c0a73b5c9fd8bfc87e9523bdcf8667a77c8910d1f97ea59d. Extracted from the order's own text layer.
Judge Bell caps motions and responses at 5 pages for UMC hearings and 12 pages for special-set hearings.
Judge Alijewicz requires every motion for attorney's fees and/or costs to attach a document detailing time records — no records, no fee award.
Judge Corlew bars informal contact: every communication with the Court must be in writing, filed with the Clerk, with copies furnished to all parties — and no calls to the JA to schedule or cancel UMC.