Posted by Nydia Streets of Streets Law in Florida Paternity
Can a party be held in contempt for failure to pay court-ordered attorney’s fees in a Florida family law case? If the party willfully refuses to pay (meaning he or she has the ability to pay but chooses not to), an order of contempt may be entered. The penalty could include jail time or other coercive measures. This was an issue in the case Williams v. Samuels, 2D20-967 (Fla. 2d DCA February 17, 2021).
In a paternity case, the father was ordered by the trial court to pay the opposing party’s attorney’s fees and costs. The father did not pay and a motion for contempt was filed against him. The trial court found the father in contempt and entered an order that did not include findings of the father’s ability to pay or whether his failure to pay was willful. The father appealed.
The appellate court agreed with the father and reversed the trial court’s order, holding “Those findings are nowhere to be found in this order. We must, therefore, reverse and remand for the circuit court to make the appropriate findings as to whether Mr. Williams' failure to pay was willful and whether he has a present ability to pay the fees as ordered.”
Contempt is a remedy which carries heavy penalties. Therefore, it is important to speak with a Miami family law attorney to determine the next best steps in your case.