Child support rulings can reshape a parent’s financial future overnight, but when courts impose obligations without clearly establishing the ability to pay, those rulings may not withstand scrutiny. Florida law requires precise findings to support both child support awards and enforcement measures such as contempt, ensuring that financial obligations remain fair, enforceable, and grounded in reality. A recent Florida opinion demonstrates how overlooking these requirements can unravel key portions of a family law judgment and force further proceedings. If you are involved in a child support dispute or facing enforcement actions in South Florida, speaking with a Miami family law attorney can help you protect your rights and secure a legally sound outcome.
Case Setting
Allegedly, the father initiated appellate proceedings after the trial court entered a final judgment addressing paternity, time-sharing, and child support obligations. The trial court’s order required the father to pay ongoing child support as well as retroactive support, but the judgment did not include specific findings regarding the father’s present ability to pay those amounts.
It is alleged that the trial court also imposed an obligation requiring the father to pay a percentage of the child’s extracurricular activity expenses. The provision allowed the respondent to enroll the child in activities without requiring mutual agreement, potentially exposing the father to open-ended financial responsibility regardless of his financial circumstances.
Reportedly, following the entry of the final judgment, disputes arose concerning compliance with the child support obligations. The respondent sought enforcement, and the trial court entered a post-judgment order finding the father in willful contempt for failing to pay support. The court also entered an income withholding order to enforce payment.
It is reported that the father challenged both the original judgment and the contempt order on appeal, arguing that the trial court failed to make the legally required findings regarding his ability to pay and improperly structured the extracurricular expense provision.
Child Support and Contempt Proceedings
On appeal, the court applied well-established principles governing child support and contempt proceedings. Florida law requires trial courts to make explicit findings regarding a party’s present ability to pay before imposing child support obligations. This requirement ensures that support awards are grounded in financial reality and do not create obligations that a party cannot meet.
The court closely examined the trial court’s judgment and determined that it lacked the necessary findings concerning the father’s income and ability to satisfy both current and retroactive support. Without such findings, courts cannot meaningfully review whether the support award is supported by competent, substantial evidence. As a result, the court reversed the portions of the judgment addressing child support and retroactive support and remanded the case for further proceedings.
The court also addressed the provision requiring the father to pay a percentage of extracurricular expenses. It recognized that allowing one parent to incur expenses unilaterally, without the other parent’s agreement, could unfairly burden that parent. To resolve this issue, the court construed the provision to apply only to activities agreed upon by both parties under shared parental responsibility. This interpretation preserved the intent of the provision while ensuring fairness and financial accountability.
With respect to the contempt order, the court applied strict procedural requirements governing findings of willful contempt. A valid contempt order must include specific findings that the party had the present ability to pay and willfully failed to do so, along with factual support identifying available resources. The trial court’s order failed to include these required factual findings. Consequently, the court reversed the contempt determination and remanded for further proceedings consistent with the governing legal standards.
Overall, the court affirmed the remaining portions of the judgment but emphasized that financial obligations in family law cases must rest on clear, supported findings that reflect a party’s actual ability to comply.
Meet With a Dedicated Miami Child Support Attorney
Child support orders and enforcement actions can have lasting financial and legal consequences, particularly when courts fail to make required findings or when obligations exceed a party’s ability to pay. Whether you are seeking to challenge a support order, defend against contempt proceedings, or ensure that your rights are protected, you should talk to an attorney. The dedicated Miami child support attorneys at the Law Offices of Sandy T. Fox, P.A. understand the complexities of Florida family law and can help you pursue a fair and legally sound outcome. To discuss your situation, call 800-596-0579 or contact the firm online.