Miami Child Support Contempt: Why a Court Must Find a Present Ability to Pay Before Jail
When a parent falls behind on court-ordered support in Miami, the other parent can ask the court to enforce the order through contempt. Contempt can carry serious consequences, including incarceration. However, Florida law sets specific requirements a court must follow before it can jail someone for failing to pay.
A recent decision from the Third District Court of Appeal, which hears appeals from Miami-Dade County, explains those requirements in detail.
Miami-Dade Contempt Order Reversed for Lack of a Purge Finding
In Neira v. Acosta, a Miami-Dade judge entered a temporary order requiring the husband to pay temporary support, child support, child support arrears, and retroactive child support. When he did not pay, the wife filed several motions for contempt. The trial court found him in contempt, set a purge amount of more than $65,000, and later had him taken into custody when he did not pay the full amount.
The Third District reversed the contempt order. Under Florida Family Law Rule of Procedure 12.615, a court that imposes jail as a sanction for unpaid support must set a purge amount based on the person’s present ability to comply. The order must include a separate, affirmative finding that the person can pay the purge, along with the factual basis for that finding. That means identifying a specific source of funds, such as a bank account or asset, that belongs to the person, not to relatives or others.
The trial court found the husband not credible, but it never identified any account, asset, or other source from which he could pay the purge. Without that finding, the appeals court explained, the jail sanction effectively became criminal contempt without the protections criminal contempt requires.
What Miami Parents Should Know About Enforcing Support
Contempt is an important enforcement tool, but it must be used correctly. For a parent seeking to enforce support, this case shows the value of presenting evidence about the other parent’s actual accounts, income, and assets. A court needs that evidence to support a purge amount the other parent can realistically pay.
For a parent facing contempt, the case confirms that a past finding of ability to pay is not enough on its own. Florida law requires a present ability to pay the purge, tied to concrete funds. At the same time, a parent who can pay and willfully does not can still be held in contempt, so falling behind should never be ignored.
How a Child Support Lawyer Can Help With Enforcement
Enforcement cases often turn on financial evidence and procedure. A lawyer can help gather records, prepare for a contempt hearing, and make sure the court has what it needs to enter an enforceable order. A lawyer can also help a paying parent present evidence of genuine inability to pay or pursue a modification when circumstances have changed.
Speak With a Miami Child Support Attorney
If you are trying to collect unpaid support or are facing a contempt motion, an experienced child support attorney in Miami can explain the process and help protect your interests.
Attorney Daniel Umbert of TNL MIAMI previously handled child support enforcement as an Assistant State Attorney in Miami-Dade County and litigated child support cases for the Florida Department of Revenue. Contact TNL MIAMI to discuss your situation.
Source:
Neira v. Acosta, No. 3D25-1736 (Fla. 3d DCA Aug. 26, 2026)
