Matthew Lane & Associates, P.A.
Palm Beach Gardens, West Palm Beach And Wellington, Florida Offices 561-328-1095

Contempt of Court in Florida

A finding of criminal contempt of court must be based upon a finding that a party has the present ability to pay. [T]he court's finding that Mr. Keeler had the present ability to pay was 'based upon his history of obtaining funds when needed.' In Bowen v. Bowen, 471 So. 2d 1274, 1279 (Fla. 1985), the Florida Supreme Court stated: 'If incarceration is deemed appropriate, the court must make a separate, affirmative finding that the contemnor possesses the present ability to comply with the purge conditions set forth in the contempt order...From the trial court's order, it seems the judge focused on the past, not the present ability to pay. We therefore vacate the contempt but otherwise affirm." Keeler v. Keeler,

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Palm Beach Gardens Office
The Financial Center at the Gardens
3801 PGA Boulevard
Suite 600
Palm Beach Gardens, Florida 33410

Phone: 561-328-1095
Fax: (561) 472-1568
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Wellington Office
Wellington Reserve
1035 South State Road 7
Suite 315
Wellington, Florida 33414

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Phillips Point
777 South Flagler Drive
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West Palm Beach, Florida 33401

Phone: 561-328-1095
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2255 Glades Road
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Boca Raton, Florida 33431

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