Articles Posted in Civil contempt

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Child support payments for a child in Florida is an extremely protected right. The state of Florida has imposed significant penalties against those who choose not to pay child support, including the loss of driving privileges, the loss of professional and other business licenses, and the loss of freedom..

Prior to the imposition of penalties for non payment of child support, the court must conduct an evidentiary hearing, and provide the non paying parent with an opportunity to explain why the support is not being paid. If the court determines that the non payment has in fact been willful, the parent will be found in contempt, and the next step for the court to consider becomes the penalties to be imposed.

If a determination is made by the court that the non paying parent has either cash or other assets available to pay towards the support owed, that then becomes the “purge payment”. The purge payment is the amount necessary to be released from jail, if the judge determines that is the appropriate sanction.

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sad boy desktop.jpgFailing to pay a court ordered child support obligation can land the non complying parent in jail. However, there are certain procedures that must be followed before incarceration can occur.

An order of civil contempt for failure to pay child support requires findings of wilful failure to pay ordered amounts. If incarceration is to be orderd as a result of finding wilful contempt, the court must then make the affirmative finding that the contemnor possessses the present ability to comply with the purge. Miller v. Murrah, 14 So.3d 1019 (Fla. 5th DCA 2009); Brown v. Brown, 658 So.2d 627 (Fla. 5th DCA 1995).

The key too these cases requires that an order be in writing, and that these findings must be clearly set forth in the order. Alan R. Burton, Esq. is well qualified to assist you in preparation of appropriate orders for this purpose.