The acknowledgment is: sometimes. In attenuated circumstances, a Florida accompaniment cloister may acquisition that addition who owes adolescent abutment is in civilian antipathy of cloister and adjustment him or her incarcerated.
But Florida law administering civilian antipathy as a acknowledged antidote for abortion to pay adolescent abutment is actual complicated, so any ancestor on either ancillary of this affair should acquisition an accomplished ancestors advocate for admonition and representation.
Basically, civil, as against to criminal, antipathy of cloister can be the aftereffect of declining to chase a cloister order. In Florida, a adjudicator may acquisition that a ancestor with a valid, acknowledged adolescent abutment obligation, who can pay and foolishly refuses to do so, is in civilian antipathy and accountable to abeyant incarceration.
REQUIREMENTS FOR CONTEMPT AND FOR INCARCERATION
A specific set of facts charge exist. First, a cloister adjustment charge accept acutely accustomed the adolescent abutment obligation, either by accumulation a conjugal adjustment acceding absolute an agreed-upon adolescent abutment obligation or by including a judge’s adolescent abutment order. The abstraction is that no one should go to bastille if his or her adolescent abutment obligation was not clear.
Second, the ancestor charge be abaft in adolescent abutment payment.
Third, the abortion to pay charge accept been willful, acceptation an advised or advised abnegation to pay.
Fourth, the ancestor charge be able to pay the bulk owing. In added words, the cloister cannot bastille addition whose acumen for defalcation of adolescent abutment is disability to pay. Put addition way, the action abaft this proceeding is to burden addition to pay who has the money or assets to do so and has refused.
Fifth, the cloister charge acutely accommodate in its adjustment for apotheosis a aition amount. This agency that the adjustment charge say the specific dollar bulk of adolescent abutment arrearages owed, acquittal of which would anatomy the base for avoiding, catastrophe or “purging” the incarceration.
The claim that the ancestor charge be able to pay the adolescent abutment owed has roots in the Florida Constitution that forbids incarceration for debts owed.
Instead of civilian contempt, added acknowledged remedies may be appropriate. For example, should one of the parties seek adolescent abutment modification based on afflicted circumstances? For example, maybe the advantageous ancestor is clumsy to accompany in the akin of assets advancing due to abrupt illness.
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