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Comments for contempt warrant issued unjustly on alimony - Family Law

Motion for Contempt
by: Staff FALDP

Dear Donnie,
We know how aggressive the courts can be in pursuing an order of contempt. Technically you cannot be in contempt of court if you do not have the ability to pay. That said, there are plenty of people jailed throughout Florida in similar situations.

Our first suggestion is that you contact the Office of the State Attorney in Tallahassee, and locate the department that oversees the activity of the Department of Revenue.

According to www.divorcesupport.com:

"A person cannot be held in contempt for violating an order he or she doesn’t have the ability to comply with. If Husband doesn’t have any money available, he can’t be found in contempt even though a valid, specific order was personally served on him. Note the distinction: Husband still owes the money, but he can’t be punished for not paying it if he was not able to comply with the court order through no fault of his own."

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