Miller v. Miller

We reverse the trial court’s order finding former husband in contempt for failure to pay child support because it was based on an earlier discovery sanction order striking his pleadings to contempt, precluding him from defending on the grounds of his inability to pay. See Chase v. Chase, 519 So.2d 637 (Fla. 2d DCA 1988) (trial court erred by finding husband’s ability to pay was “taken to be established” based on discovery sanction striking his pleadings even though sanction itself was within its discretion).

In a civil contempt proceeding, the trial court cannot incarcerate, even if only…