Fort Lauderdale Divorce Lawyer Blog
In Florida family law cases, courts possess broad authority to ensure compliance with discovery and support obligations. However, this authority is bounded by due process and the requirement that coercive sanctions, such as daily fines, be imposed only after careful judicial consideration of the contemnor’s ability to pay. A recent opinion issued by a Florida court illustrates the legal safeguards required before a court may impose such coercive measures. If you are facing contempt proceedings or other enforcement actions in a divorce case, a knowledgeable Miami family law attorney can help protect your rights and guide you through the process.
Factual Background and Trial Court Proceedings
It is reported that the trial court entered a non-final order holding the petitioner in civil contempt for failure to comply with multiple prior agreed orders in an ongoing marital dissolution proceeding. The contempt finding stemmed from the petitioner’s alleged failure to file an updated financial affidavit, provide required financial discovery, and pay temporary support to the respondent.
Allegedly, the trial court had previously issued two orders in July 2024. It is reported that the petitioner did not fulfill his obligations under either order, prompting the respondent to pursue contempt sanctions.
It is further alleged that, in response to the violation, the trial court imposed a coercive fine of $1,000 per day until the petitioner fully complied with the discovery and support obligations. The petitioner challenged only the imposition of the fine and sought certiorari review, arguing that the trial court failed to consider his financial ability to pay the sanction, a necessary prerequisite under Florida law.
Fines in Family Law Cases
On appeal, the Third District Court of Appeal granted the petition for certiorari and quashed that portion of the contempt order imposing the coercive daily fine. The court explained that while per diem fines are permissible as civil contempt sanctions, they must be supported by findings related to the contemnor’s financial resources. Absent such findings, the fine represents a departure from the essential requirements of law and constitutes irreparable harm that cannot be remedied on direct appeal.
The court established precedent, emphasizing that a court must consider “the amount of the contemnor’s financial resources and the consequent seriousness of the burden” before imposing a coercive fine. The court also noted that even where no formal evidentiary hearing is conducted, there must be some indication in the record that the trial court assessed the contemnor’s ability to comply.
In this case, it is reported that neither the contempt order nor the hearing transcript contained any indication that the trial court evaluated the petitioner’s financial ability to pay a $1,000 daily fine. The court found this omission fatal. Accordingly, the court granted the certiorari petition and quashed the coercive fine, while leaving intact the underlying contempt finding.
Protect Your Rights with Help from a Miami Family Law Attorney
If you have questions about your rights with regard to a family law matter, it is smart to talk to an attorney. At The Law Offices of Sandy T. Fox, P.A., our experienced Miami family law attorneys can assess your case and help you take the steps necessary to protect your interests. Call us at 800-596-0579 or contact us online to schedule a confidential consultation. We represent clients in Miami and throughout South Florida.