Posted by Nydia Streets of Streets Law in Florida Alimony
When a current or former spouse fails to pay alimony due by court order, the other spouse may file a motion for contempt. Depending on the aim of the motion, there are different remedies available, but the order must comply with specific rules in order to be recognized as valid and enforceable. This was an issue in the case Kelly v. Kelly, 5D2024-3531 (Fla. 5th DCA July 11, 2025).
The former husband in this case was found to be in contempt of an order to pay alimony and there was a finding that his failure to pay was willful. He was ordered to pay the arrearage within 30 days or be incarcerated. The former husband appealed, arguing the order finding him in contempt was deficient.
The appellate court agreed and reversed, noting “[T]he Order on Motions fails to comply with Florida Family Law Rule of Procedure 12.615, which governs orders of contempt and sanctions flowing therefrom in support matters. The rule provides that after hearing testimony and evidence, the court shall enter a written order granting or denying the motion for contempt. Fla. Fam. L. R. P. 12.615(d)(1). In doing so, the trial court may impose appropriate sanctions to obtain compliance with the order including, inter alia, incarceration, provided the order includes “conditions for purge of the contempt, based on the contemnor’s present ability to comply.” Fla. Fam. L. R. P. 12.615(d)(2) and (e). The order must include ‘a separate affirmative finding that the contemnor has the present ability to comply with the purge and the factual basis for that finding.’ Fla. Fam. L. R. P. 12.615(e).”
Because the order did not include a finding of the former husband’s ability to pay, it was remanded for the trial court to make this finding or to proceed otherwise. Contact a Board-Certified Miami divorce lawyer for specific advice about your case.