Legal Question in Family Law in Florida

Contempt for nonpayment of alimony

A final judgment to pay alimony carries with it a presumption that the payor is currently able to do so. Martyak v. Martyak, 873 So.2d 405 (Fla. 4th DCA 2004)(holding that final judgment ordering $4,000 in monthly alimony created presumption in subsequent proceedings that husband had ability to pay that amount). Such coercion is absolutely dependent on the payor�s

current ability to comply with the order of the court. Garo v. Garo, 347

So.2d 418 (Fla. 1977) (contempt finding for nonpayment of alimony depended on specific finding of present ability to pay).