Florida Court Discusses Civil Contempt in Family Law Case

In the case of Gregory v. Rice, the Florida Supreme Court addressed how all Florida courts must handle civil contempt proceedings in family law cases. This is especially true when the subject is support arrearages. This decision is important since it helped prompt the adoption of Florida Family Law Rule 12.615 to regulate contempt in divorce cases and clarified procedural protections.

Background of the case 

In Gregory, the father was ordered to pay child support to his former wife. Over time, he failed to do so. This prompted the mother to seek contempt relief. The trial court found that the husband was in contempt and imposed sanctions, including incarceration. The father challenged the ruling. He argued procedural defects and deprivation of his rights under the Florida and U.S. Constitution.

During the appeal, the Florida Supreme Court took the opportunity to define its guiding principles for contempt in family law cases.

Legal issues and holdings

In this case, the core issues were:

• What process is due in civil contempt in family cases?
• How should courts distinguish between civil and criminal contempt?
• When should incarceration or other sanctions be imposed?

The court held that:

• Criminal and civil contempt are distinct. Contempt proceedings in support cases are generally civil and not criminal.
• Since incarceration for nonpayment is a “severe” remedy, courts must ensure fundamental due process is respected.
• Sanctions in civil contempt must be coercive (not punitive). In other words, civil contempt is aimed at compelling compliance, not punishing conduct. The individual charged with contempt should be able to “purge” the contempt by obeying the order.
• Prior to imposing any sanctions, the court must provide the individual charged with contempt with notice, hearing, and opportunity to present evidence, especially concerning their present ability to comply with the original order.
• If a contempt order is based on nonpayment, it should include a reasonable purge amount and allege that the individual charged with contempt willfully refused to comply despite a present ability to pay.

Since the lower court did not satisfy these procedural safeguards, the Supreme Court remanded the case for reconsideration under its standards.

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Source:

caselaw.findlaw.com/fl-supreme-court/1403552.html