What Is a Purge Amount in Florida Family Law Disputes?

Often disputes arise when there is unpaid child support, alimony, or other court-ordered financial obligations. Then, individuals may find themselves facing contempt proceedings. In these cases, the court may set a purge amount.

Bring your unique concerns to the attention of a Port St. Lucie family law attorney. Understanding what a purge amount is, how it’s determined, and why it matters can make a big difference in resolving these serious legal situations.

How Courts Determine the Purge Amount

A purge amount is the specific sum of money a person must pay to remove a contempt finding against them. In other words, it’s a payment that allows someone who has been found in civil contempt, often for failing to comply with a court order, to avoid be jailed or to be released from jail.

Civil contempt is not meant to punish but to compel compliance. For instance, if someone has fallen behind on child support, the court may determine that they have the ability to pay but have willfully chosen not to. In that case, the judge could order incarceration until the individual pays a certain amount, the purge amount, to demonstrate good faith and begin correcting the issue.

In Florida, courts are required to consider the person’s present ability to pay before setting a purge amount. The goal isn’t to impose an impossible standard but to encourage compliance with court orders in a realistic way.

For example, if a person owes $5,000 in unpaid support but can only reasonably access $1,000 immediately, the court might set the purge amount at $1,000. This shows the court that the individual is taking responsibility, even if they can’t pay the full balance right away. Judges often look at current income, assets, and other financial obligations before deciding on an appropriate purge figure.

Consequences of Failing to Comply

If a purge amount is not paid, the person found in contempt may remain incarcerated until payment is made or until other arrangements are approved by the court. This is why it’s critical to take these proceedings seriously and act quickly.

Failure to comply can also worsen financial and legal challenges, including damage to credit, wage garnishment, and additional penalties. On the other hand, paying the purge amount (and continuing to comply with court orders) can help restore standing with the court and demonstrate a willingness to fulfill responsibilities.

Family law issues involving contempt and purge amounts can be intimidating, especially for those unsure about their legal rights or financial capabilities. An experienced Port St. Lucie family law attorney can evaluate your circumstances, advocate for a fair purge amount based on your actual ability to pay, and work toward resolving the underlying issue.

Do you want to discuss your options with an attorney? A purge amount is one path to compliance. With proper legal guidance, you will find a way forward that protects both your freedom and your future. The legal team at Baginski, Brandt & Brandt can guide you toward a solution that supports both your legal and financial stability. Schedule a confidential consultation today.