Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
An important finding in a contempt proceeding in a Florida family law case is the ability of the alleged contemnor to pay the purge amount ordered. As cited in Wolfson v. Pardes, 3D25-2509 (Fla. 3d DCA March 11, 2026): “Where a party is being sanctioned for civil contempt for failing to abide by a court order, that person must carry the key to his cell in his own pocket.” (internal citation omitted).
After the husband in a divorce case passed away while the case was pending, his daughter was looped into the litigation as the trustee and personal representative of her father’s estate. The wife sought discovery from the estate which resulted in the daughter being found in contempt of discovery orders and an order to pay a private judge’s fees. The order did not contain a finding of her ability to pay. She appealed.
The appellate court held “While the order does include a purge provision adopting the trial court’s findings from the prior contempt orders, the court gave [no time to comply, and the prior orders made no findings relating to Jill’s present ability to pay the private judge’s fees. The fact that Jill had been sanctioned previously and that this instant order related to enforcement of those prior contempt orders does not excuse Bowen’s requirement that the court find a present ability to comply and allow a reasonable time to do so. Moreover, the limited factual findings in the prior contempt orders related solely to the estate’s ability to pay, yet Jill is now being sanctioned in her individual capacity, and the court has never made findings as to her personal finances.”
Accordingly the appellate court quashed the sanctions order and corresponding writ of bodily attachment. Nothing in this article is legal advice. Schedule a meeting with a Miami family law attorney for specific advice about your case.