I can't afford to pay the purge.... can it be put in payments, without incarceration? How long do I have to be incarcerated for failure to pay the purge?
A sentence related to contempt may not exceed one year. A sentence of six months or less can be done without a trial by jury. The answer depends on the facts of your specific situation.
I agree with both attorneys but it is generally 5 months and 29 days and then the Judge brings you in and ask you are you ready to comply. If not another 5 months and 29 days. Your best bet is to find someone to borrow the money from and get it paid. Good luck.
B. Elaine Jones, Esq.
Since you have a "purge" that means you have been found to be in civil contempt, and essentially must have "the keys to the jailhouse door" by the Court finding that you have the ability to pay the "purge." To determine your ability to pay the purge the Court holds what is commonly called a "Bowen" hearing to determine what you're able to pay as a purge.
If you're arrested on a Writ of Bodily Attachment for failure to pay the purge you may be held in jail (once you actually arrive in the county jail of the county where the Writ was issued) up to 48 hours before you are brought back before the Court for the Bowen hearing to review your present ability to pay the purge (pursuant to Florida Family Law Rule of Procedure 12.615(e)) - HOWEVER, if the 48 time period after you are arrested ends on a Saturday, Sunday or legal holiday, then pursuant to Florida Rule of Judicial Administration 2.514(2)(c) the period extends until the next business day (non Saturday, Sunday or legal holiday) 24 hours later - so if you're picked up on the Writ on a Friday night you may be held in County jail until Monday (or Tuesday if Monday is a holiday) until you get brought back before the Court for your Bowen hearing.
If you have not yet been arrested on the Writ (which I presume, since you have Internet access to post your question), you may seek a Voluntary Instanter hearing to essentially hold the Bowen hearing without being arrested and determine what purge, if any, you have the about to pay - so you should ABSOLUTELY seek a consultation with an experienced Family Law attorney in your area who can assist you with this.
The answer provided is a general answer to a general question - and should NOT be construed as my giving specific legal advice, nor does it create any attorney/client relationship or expectation of privilege - and should you have specific questions you seek to address, then I encourage you to seek a consultation with an experienced Family Law Attorney in your area who may discuss your case with you and give you specific advice to assist you.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline