Cannot Be Found In Contempt if you CANNOT Comply With Order*

We note that the record supports a finding of contempt because
the former wife satisfied her burden and the former husband failed
to dispel the presumption that he had the ability to pay. See Driggers v. Driggers, 127 So. 3d 762, 764 (Fla. 2d DCA 2013) ("Unquestionably, the final judgment of dissolution created a
presumption that [the former husband] has the ability to pay al
imony. He bears the burden to show that he can no longer pay due to changed circumstances."). Yet, the trial court specifically stated that "the [m]otion for [c]ontempt is denied for lack of a proof
of purge." It appears that the parties and the trial court wer
e concerned only with whether the former husband had the ability to pay the substantial purge amount and whether the trial court could order incarceration. It is not clear if the trial court found that
a civil contempt had not occurred or if a finding of civil cont
empt is implicit in the trial court's ruling on the purge/incarceration issue and the entry of a money judgment against the former husband; accordingly, we reverse the portion of the order finding the former husband in contempt and remand for the trial court to make findings in accordance with the procedure set forth in Bowen
http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2014/July/July%2030,%202014/2D13-2962.pdf

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