Posted by Nydia Streets of Streets Law in Florida Divorce
When it comes to filing a motion for contempt in a Florida divorce, it is important to understand what matters are enforceable by contempt. Equitable division matters are typically not enforceable by contempt under Florida law, however, support issues may be pursued via a contempt motion. In the case Vinson v. Vinson, 1D18-2602 (Fla. 1st DCA May 18, 2020), the former husband appealed an order of contempt against him that was based on a since-reversed order clarifying the nature of payments to be made under a final judgment of divorce.
The parties’ final judgment provided that the former husband was to make an equalizing payment to the former wife in excess of $70,000.00. The judgment further provided that if the former husband failed to pay the ordered amount, he would begin paying the former wife $2,000 per month in alimony. The former wife moved for contempt, alleging the former husband had not made the equalizing payments. The trial court found the former husband had the ability to make the payment, and ordered him incarcerated until he paid a $10,600 purge. Several months later, the appellate court reversed the underlying order on the equitable distribution and found the trial court incorrectly identified $70,000 of the former husband’s separate property as marital property. The former husband therefore argued the finding of contempt against him should be reversed.
The appellate court first acknowledged “The fact that this Court has already reversed the trial court’s equitable distribution award in the amended final judgment is not alone a basis to reverse as ‘an aggrieved party’s failure to abide by [an] order may be punished by contempt even if the order is ultimately found to be erroneous.’” However, the court reasoned “The $78,196 was clearly an equalizing payment that was part of equitable distribution. As Vinson I recognized, nothing about it was alimony. As such, the trial court erred in using its contempt powers to enforce an equitable distribution award. [internal citations omitted]. Accordingly, the order on contempt should be vacated.”
If you need help enforcing your final judgment of divorce, contact a Miami divorce lawyer for a consultation. This is the first step in understanding the best way to proceed in line with Florida family law.