Contempt of Court for Failure to Pay Child Support by: FALDP Staff
Vicki,
I believe this may be the case you read:
In Gregory v. Rice, 727 So.2d 251, 253-254 (Fla. 1999), the Supreme Court of Florida explained that when a parent fails to meet a child support obligation, a trial court may hold the delinquent parent in civil contempt. However, the trial court is authorized to do so only when the parent has the ability to pay a purge amount. The court explained that "regardless of whether the sanction is incarceration, garnishment of wages … [or] the revocation of a driver’s license, … the court must provide the contemnor [i.e., the non-paying parent] with the ability to purge the contempt."
Contempt has to be willful, it is not contempt if he cannot afford to pay. The concept is that he has the keys to the jail cell, all he needs to do is comply with the court order, and he will be released. However, in a situation, such as his, where he does not have the ability to pay, and is not simply refusing - his incarceration is unjust. In theory, we don't put debtors in prison in this country.