Posted by Nydia Streets of Streets Law in Florida Child Support
What is the standard for determining whether a parent is in contempt of an order to pay Florida child support? This was an issue in the case Coggins v. Coggins, 3D25-2199 (Fla. 3d DCA February 25, 2026).
This appellate opinion does not give background facts but it appears an order of contempt for failure to pay support was appealed. The order on appeal was affirmed, with the following citation “See Bowen v. Bowen, 471 So. 2d 1274, 1278–79 (Fla. 1985) (‘This initial judicial determination creates, in subsequent proceedings, a presumption that there is an ability to pay. In a civil contempt proceeding for failure to pay child support or alimony, the movant must show that a prior court order directed the party to pay the support or alimony, and that the party in default has failed to make the ordered payments. The burden of producing evidence then shifts to the defaulting party, who must dispel the presumption of ability to pay by demonstrating that, due to circumstances beyond his control which intervened since the time the order directing him to pay was entered, he no longer has the ability to meet his support obligations.’).” The opinion also closes with the following citation “see also St. Petersburg Hous. Auth. v. J.R. Dev., 706 So. 2d 1377, 1378 (Fla. 2d DCA 1998) (‘Rehearing is not intended as a device to present additional evidence that was available, although not presented, at the original trial [or hearing].’).”
Nothing in this article is legal advice. Schedule a meeting with a Miami family law attorney to determine how the law may apply to your case.