Sencoa Damair Crawford v. Department of Revenue and Tanisha Charmia Watson
219 So. 3d 224
Fla. Dist. Ct. App.2017Background
- Appellant was ordered in 2014 to pay $511/month child support and $3,066 retroactive support; by 2016 he owed $10,964.
- Department of Revenue filed a contempt motion for nonpayment; a hearing officer conducted a March 30, 2016 hearing.
- Appellant testified he had no steady job or assets, $15 cash, had worked a few days through a temp agency at $9.30/hr, lacked a driver’s license, and was receiving shelter/food from his girlfriend.
- The hearing officer found contempt, ordered immediate incarceration with a $500 purge based on past purge payments and the ability to earn income; appellant was arrested.
- A subsequent hearing officer reduced the purge; appellant paid and was released; the circuit court later adopted the recommended contempt order.
- On appeal the Department conceded error; the appellate court reversed, finding no competent substantial evidence of present ability to pay and that the hearing officer lacked authority to order incarceration.
Issues
| Issue | Appellant's Argument | Department's Argument | Held |
|---|---|---|---|
| Whether the contemnor had present ability to pay the $500 purge | Appellant lacked present ability to pay; indigent with no assets or regular income | Purge supported by payment history and ability to earn income | Reversed — no competent, substantial evidence of present ability to pay; indigency established lack of ability |
| Whether the hearing officer could order immediate arrest/incarceration | Hearing officer lacked authority to order arrest; incarceration therefore illegal | Hearing officer relied on her contempt finding (Dept. concedes error on appeal) | Reversed — hearing officers may recommend contempt but lack authority to order incarceration; only a judge may impose jail sanction |
Key Cases Cited
- Bowen v. Bowen, 471 So. 2d 1274 (Fla. 1985) (support order and contempt purge require affirmative finding of present ability to pay)
- Pugliese v. Pugliese, 347 So. 2d 422 (Fla. 1977) (incarceration in civil contempt justified only if contemnor has ability to comply)
- Williams v. Williams, 152 So. 3d 702 (Fla. 1st DCA 2014) (contempt judgment presumed correct but must be supported by sufficient evidence)
- Gray v. State, 489 So. 2d 86 (Fla. 5th DCA 1986) (non-judicial officers lack authority to order arrest for support nonpayment)
- Ex parte Earman, 95 So. 755 (Fla. 1923) (circuit court’s inherent power to punish contempt, including by incarceration)
- Lawrence v. State, Dept. of Revenue ex rel. Walker, 755 So. 2d 139 (Fla. 2d DCA 1999) (when inability to pay shown, court should order steps to obtain employment rather than find contempt)
- State v. S.M., 131 So. 3d 780 (Fla. 2013) (issues capable of repetition yet evading review may be nonmoot)