Fifth District Holds that Trial Court is Required to Make Findings Regarding Former Husband’s Present Ability to Pay Child Support and Purge Amount
The Court of Appeals for the Fifth District of Florida recently reversed a ninety day jail sentence imposed on a former husband who failed to pay child support. See Burbage v. Burbage, 34 Fla. L. Weekly D 2598, Case No. 5D08-4102 (Fla. 5th DCA Dec. 18, 2009).
In Burbage, the former husband appealed an order finding him in arrears of his past child support obligation amounting to $4,000, holding that he willfully and deliberately failed to pay the amount to his former wife, and finding him in contempt of court for the order requiring him to pay that amount. The trial court sentenced the former husband to ninety days in jail and set a “purge” amount of $4,000.
On appeal, the Burbage court found no error in the trial court’s findings regarding whether former husband was in contempt; however, the court reversed the trial court’s order because the trial court made no findings regarding the former husband’s present ability to pay child support or comply with the purge payment conditions.
For more information, call 561.844.1200 and speak to an attorney with the Law Offices of Matthew S. Nugent about your alimony or child support enforcement case.
The Law Offices of Matthew S. Nugent exclusively handles Divorce & Family Law matters in and around West Palm Beach and Palm Beach County, Florida. For more information call (561) 844-1200 or visit the firm’s website, www.nugentlawfirm.com.
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Burbage, 34 Fla. L. Weekly D 2598, Case No. 5D08-4102 (Fla. 5th DCA Dec. 18, 2009). In Burbage, the former husband appealed an order finding him […….
прикольно! С многого поржал
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The Court of Appeals for the Fifth District of Florida recently reversed a ninety day jail sentence imposed on a former husband who failed to pay child support…..