Brown v. Brown

DAUKSCH, Judge.

This is an appeal from an order on the former wife/appellee’s motion for contempt. Appellant, the former husband, argues that the order is defective because it lacks an affirmative finding of his present ability to pay. We agree and reverse.

In Bowen v. Bowen, 471 So.2d 1274 (Fla.1985), the Supreme Court of Florida noted:... a present ability to purge is a prerequisite to incarceration for civil con-tempt_ [I]ncarceration cannot be imposed upon a civil contemnor for willfully failing to comply with a court order unless the court first determines that the contemnor has the…