IN RE: AMENDMENTS TO THE FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS-FORM 12.961
Proceeding - Florida Supreme Court Approved Family Law Forms
to the procedures approved by this Court in Amendments to
the Florida Family Law Rules of Procedure and Family Law
Forms, 810 So.2d 1, 13-14 (Fla. 2000), this Court has
internally reviewed the Florida Supreme Court Approved Family
Law Forms and has determined that amendments to form 12.961
(Notice of Hearing on Motion for Contempt/Enforcement), are
needed in light of the United States Supreme Court's
decision in Turner v. Rogers, 564 U.S. 431 (2011),
and the current provisions of Florida Family Law Rule of
Procedure 12.615 (Civil Contempt in Support Matters). Input
on these issues was received from the Advisory Workgroup on
the Florida Supreme Court Approved Family Law Forms, which
provided valuable assistance. We have jurisdiction.
See art. V, § 2(a), Fla. Const.
amendments to form 12.961 add language to the form in order
to clearly notify an alleged contemnor that his or her
present ability to pay is a critical issue in the proceeding
and that he or she will be provided an opportunity during the
contempt hearing to respond to allegations and questions
about his or her financial status. Additionally, to conform
to current requirements under rule 12.615, the form is
amended to advise the alleged contemnor whether the
proceedings will be recorded electronically or by a court
amended form is adopted as set forth in the appendix to this
opinion, fully engrossed and ready for use. The form shall
become effective immediately upon release of this opinion.
The form may be accessed and downloaded from the Florida
State Court's website at
By adoption of the form, we express no opinion as to its
correctness or applicability. We also direct that the amended
form be published for comment.
persons shall have sixty days from the date of this opinion
to file comments with the Court.
LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON,
and LAWSON, JJ., concur.
FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE
EFFECTIVE DATE OF THESE AMENDMENTS.
FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM
OF HEARING ON MOTION FOR CONTEMPT/ENFORCEMENT IN SUPPORT
MATTERS (RULE 12.615) (12/17)
should this form be used?
this form anytime you have set a hearing on
a Motion for Contempt/Enforcement, Florida
Supreme Court Approved Family Law Form 12.960, for a support
matter under rule 12.615, Florida Family Law Rules of
Procedure. Before you fill out this form, you should
coordinate a hearing time and date with the judge or
hearing officer and the other party. If the
Department of Revenue is a party to the case, you may need to
schedule your hearing time with the attorney for the
Department of Revenue.
case is to be heard by a child support enforcement hearing
officer, the following information applies: A child support
enforcement hearing officer is an attorney who has
been appointed by administrative order of the court to take
testimony and recommend decisions in cases involving the
establishment, enforcement, and/or modification of child
support, and the enforcement of alimony in conjunction
with an ongoing child support arrearage order. If your case
only involves issues pertaining to child support, you cannot
object to the referral of your case to a hearing officer. If
your case ...