ANDREW ISAACS, APPELLANT,
v.
MARCIA ISAACS, APPELLEE
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Florida Family Law Rule 12.615(d)(1) provides that a contempt order must contain findings that a contemnor had the present ability to pay support and willfully failed to comply with a prior court order. Also, the rule requires a contempt order to contain “a recital of the facts on which these findings are based.” If a court decides that incarceration is the appropriate sanction, the contempt order must also contain “a separate affirmative finding that the contemnor has the present ability to comply with the purge and the factual basis for that finding.” Fla. Fam. L.R.P. 12.615(e); Ramirez v. Ramirez, 84 So.3d 434, 434-35 (Fla. 4th DCA 2012). The order here at issue contained no recitation of facts to support the finding that appellant had the ability to comply with the court’s prior order. For this reason, we *546reverse the order on motion for indirect civil contempt.
Reversed and Remanded.
GROSS, TAYLOR and LEVINE, JJ., concur.
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Citator
Cited By
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Willliams v. Jamai F. Samuels (Fla. 2d DCA 2021)…his 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.1 See Isaacs v. Isaacs, 157 So. 3d 545, 545-46 (Fla. 4th DCA 2015) ("The order here at issue contained no recitation of facts to support the finding that appellant had the ability to comply with the court's prior order. For this reason, we reverse the order on motion for indirect civil…
Authorities Cited
- Ramirez v. Ramirez, 84 So. 3d 434 (Fla. 4th DCA 2012)