RAFAEL CARBONELL, PETITIONER,
v.
DEPARTMENT OF REVENUE ON BEHALF OF DEYDRY CAPELLA, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the contempt order was invalid because it failed to make specific factual findings regarding the petitioner's present ability to pay the purge amount.
Rafael Carbonell was found in civil contempt for failure to pay child support and sentenced to jail. He petitioned for habeas corpus, arguing he lacke…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Present Ability To Pay cases and more on FLexlaw
Rafael Carbonell seeks habeas corpus relief after he was found in civil contempt for failure to pay court-ordered child support and sentenced to 179 days in the Orange County Jail. We grant the petition and vacate the contempt order.
In his petition, Carbonell argues that he lacks the present ability to purge himself of the contempt. Further, he contends that the trial court failed to make the appropriate findings that he has the present ability to pay the purge amount set at $7,034.48, which is the full amount of his child support arrears. No response was filed with this Court to refute Carbonell’s assertions.
In this case, the order of contempt generally sets forth that Carbonell’s failure to pay the court-ordered child support was willful and that he has the present ability to pay the full arrear amount. However, the order, which appears to be a form order, fails to provide any factual support for these findings. In addition to making the general findings of willfulness and present ability to pay, the trial court is required to set forth a “recital of the facts on which these findings are based.” Fla. R. Fam. Law P. 12.615(d)(1). It is further compulsory, where a purge amount is set, to memorialize in a “separate affirmative finding that the contemnor has the present ability to comply with the purge” and to present the factual basis to support that finding. Fla. R. Fam. Law P. 12.615(e). The order in this case does not satisfy these mandates. Therefore, we grant the petition for writ of habeas corpus, ordering that Carbonell be immediately released.
PETITION GRANTED.
ORFINGER, EVANDER and JACOBUS, JJ. concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Jensen v. Jensen, 35 So. 3d 972 (Fla. 5th DCA 2010)…t the order of contempt must be vacated. The petitioner correctly argues that the written order holding him in contempt does not make any findings of present ability to satisfy the purge amount set at $3500. See Carbonell v. Department of Revenue, 30 So. 3d 664 (Fla. 5th DCA 2010). The respondent does not dispute this contention, but merely asserts that the transcript of the hearing in this matter supports the finding of contempt and the 30 day sentence imposed. Unfortunately, even if the respondent is cor…