When is a judge not permitted to suspend a father's driver's license?

The Appellate Court stated that a former husband's drivers license can only be suspended if a purge amount is established, and the former husband has the ability to pay the purge amount.  The court stated:

ERROR TO ENTER ORDER AUTHORIZING SUSPENSION OF DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION FOR FAILURE TO PAY CHILD SUPPORT WITHOUT DETERMINING CONTEMNOR'S PRESENT ABILITY TO PAY AND WITHOUT INCLUDING PURGE PROVISION. 

The trial court, adopting the magistrate's findings, entered an order, in pertinent part, directing the clerk to reduce the delinquency by $154,450, but also finding the former husband delinquent and directing the clerk to process the suspension of his driver's license and motor vehicle registration. The District Court held:

1. "Florida Family Law Rule of Procedure 12.615 governs civil contempt proceedings in support matters related to family law cases and limits the use of civil contempt sanctions under the rule to those used to compel compliance with a court order and those use to compensate a movant for losses sustained as a result of a contemnor's willful failure to comply with a court order."

2. "Revocation of a delinquent child support obligor's driver's license and motor vehicle registration is a possible sanction to obtain compliance."

3. "In the instant case, the trial court erred in neglecting to include a purge provision in its contempt order that authorized the immediate revocation of the husband's driver's license and motor vehicle registration. Prior to setting a purge provision, the trial court will need to determine the former husband's present ability to pay such an amount. The findings should be included in the order."