Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

When a party fails to follow a Florida family court order, that party may face sanctions which include monetary fines. Before a court can order such sanctions, certain steps and procedures must be followed in order to preserve each party’s right to due process. This is illustrated in the case Alonso v. De Zarraga, 3D18-1127 (Fla. 3d DCA May 29, 2019).

The former wife appealed the trial court’s order determining where the parties’ minor child should attend school and imposing a sanction of $12,500.00 against her. Without specifying any details, the appellate court affirmed the trial court’s ruling on the school issue. However, it reversed the sanction, reasoning that it was imposed as an indirect criminal contempt. The appellate court reasoned the amount could not have been for attorneys’ fees since the trial court also ordered the former wife to pay the former husband’s attorneys’ fees and costs.

The appellate court held “Thus, we reach the inescapable conclusion that the court imposed this $12,500 fine as an indirect criminal contempt. See, e.g., Berlow v. Berlow, 21 So. 3d 81, 84 (Fla. 3d DCA 2009) (holding: ‘As the contempt order did not contain a purge provision, the $5,000 fine is a 'flat, unconditional fine,' which is 'considered a criminal sanction because it does not allow the contemnor to purge the contempt through compliance'‘) (citations omitted). See also In re Steffens, 988 So. 2d 142, 144 (Fla. 5th DCA 2008) (holding: "As the order fining Mr. Steffens did not include a purge or coercive provision, the contempt could not have been civil in nature"); Baker v. Green, 732 So. 2d 6, 7 (Fla. 4th DCA 1999) (holding: ‘The order is properly characterized as involving indirect criminal contempt, since a $10,000 fine was imposed to punish Baker for her disobedience of the trial court's previous orders and to deter similar conduct in the future.’)”

A party’s non-compliance with a court order may be a reason to get the court involved in your case. Schedule a consultation with a Miami family law attorney to determine your rights and remedies when contempt is an issue in your case.