Contempt & The Ability to Pay/ No Debtor's Prison FL

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Gini - 23 Oct 2006 04:40 GMT

Reference:

http://www.5dca.org/Opinions/OpinionFrameset.htm

============

"If the trial court orders the

contemnor's incarceration, a separate affirmative finding that the parent
has the present

ability to pay the purge is required, and the court must recite the facts in
support of that

finding." Id. "[T]he presumption of ability to pay . . . is not a substitute
for the 'separate,

affirmative finding' of ability to pay required for incarceration." Pompey,
685 So. 2d at

1014; see also Hipschman v. Cochran, 683 So. 2d 209, 212-13 (Fla. 4th DCA
1996)

(holding courts must hold pre-incarceration hearings where previous contempt
orders

required extrajudicial compliance). The absence of such a finding transforms
a coercive

civil sanction into a criminal punishment that has been imposed in violation
of the

contemnor's constitutional rights. R.H., 819 So. 2d at 862; accord Pompey,
685 So. 2d

at 1013-15 (noting the court "must ha ve some affirmative evidence before it
that the

obligor has 'the keys to his cell' in his pocket[;] [o]therwise, its order
of incarceration is . .

. an order of criminal contempt[] without the required due process
protections").

-5-

Incarceration for the simple failure to pay a debt is prohibited; civil
contempt

proceedings must not be used to create a debtor's prison.

Reply to this Message

darren_orlando@hotmail.com - 29 Oct 2006 00:07 GMT

this is clear violation of the florida constitution - article I,
section 11 - no person may be imprisoned except by fraud. so what kind
of fraud are they referring to??? civil or criminal??? without an
evidentiary hearing based on the "ability to purge" pursuant to
Bowen v. Bowen Bowen v. Bowen, 471 So. 2d 1274, 1278-79 (Fla. 1985)).
Waskin v. Waskin, 452 So. 2d 999 (Fla. 3d DCA 1984)? Child supports
laws originated from the USSR.

the court system are extremely corrupt - Americna Tort Association 2005
- ranks south florida one of the seven judicial hellholes !!

for anyone anticipating getting married - NEVER get a marriage license
because it gives the state of FL jurisdiction over your marriage and
allows them to tax your marriage. If a child is born - NEVER sign the
birth certificate because that state issued certificate is nothing more
than a stock certificate and your child becomes the state's chattel
(property) - neither is a mandatory requirement but they will make you
believe it is. Everything is by contract, UCC law. I can help a couple
complete a holy matimony certificate and a convenant which is 100%
legal and binding under commom law - and leave out the jurisdiction of
the state of Florida. Marriage licenses came about during the civil war
and was used to prevent interradical marriages. The definition of a
"license" demands that we not obtain one to marry. Black's Law
Dictionary defines "license" as, "The permission by competent authority
to do an act which without such permission, would be illegal." The
state of Florida never created marriage, God did !!

NO minister, priest, pastor, rabbi, etc. one cannot in good conscience
perform a marriage which would place people under this immoral body of
laws. If a minister, priest, pastor, rabbi, etc. cannot marry someone
with a marriage license because to do so then they act as an agent of
the State! The priest, pastor, rabbi, etc. would have to sign the
marriage license, and would have to mail it into the State. Given the
State's demand to usurp the place of God and family regarding marriage,
and given it's unbiblical, immoral laws to govern marriage, it would be
an act of treason for any priest, pastor, rabbi, etc. to do so.
They have sold out to Caesar (US Govt) for 30 pieces of silver (503b
IRS deduction) !

If you are going through the BS of the state, keep everything out of
your own name and reduce your "reportable" income as low as possible.
Income is only referred to as corporate earnings, not personal and is
not defined in the IRS code but has been defined by the US Supreme
Court in numerous cases.

The FL Dept of Revenue will lien anything that you own - if you have a
judgment lien against your FL Residential home - I can help you make it
legally unenforceable.

it is all about $$$$$ - period.

> Reference:
>
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> proceedings must not be used to create a debtor's prison.

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Family Forum / Parenting / Parenting / October 2006

Contempt & The Ability to Pay/ No Debtor's Prison FL