Legal Question in Employment Law in Florida

can i go to jail if i cant pay the fine filed in the lawsuit sent by my former employer


Asked on 3/23/11, 5:26 pm

1 Answer from Attorneys

No. Florida's constitution prohibits the incarceration of persons for inability to pay debts. In some instances, typically involving non-payment of alimony or child support, a court can use its inherent contempt powers to incarcerate a delinquent spouse who refuses to pay ordered support, but the Court must first affirmatively determine that the delinquent spouse has the ability to pay the amount ordered, and the contempt order must provide for the release of the delinquent spouse on payment. Moreover, if at any point during the period of incarceration, it is determined that the jailed spouse is no longer able to pay the ordered amount, they must be released. In essence, the incarceration for contempt is a sanction for willful refusal to comply with a court order, rather than incarceration fro an unpaid debt. Such orders are also dependent upon the unique equity powers of Family law courts which are not typically available in routine civil cases such as your dispute with your employer.

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Answered on 3/24/11, 9:29 am


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