Alea v. Worley

Richard Alea (“Petitioner”) seeks habeas corpus relief from incarceration imposed by the Palm Beach County Circuit Court in connection with Respondent’s Motion for Contempt and Commitment. We grant relief.

We find that the trial court erred in ordering Petitioner jailed for failing to pay arrearages of $24,686.83 in connection with a paternity action without finding in its written order of commitment that Petitioner had the present ability to pay the purge amount. Pursuant to our earlier order, Petitioner has been released from incarceration pending further review. Accordingly, we grant the…