Florida District Courts of Appeal, 1982

DuBois v. DuBois

Florida District Courts of Appeal · Decided March 23, 1982 · Baskin, Nesbitt, Schwartz

412 So. 2d 23; 1982 Fla. App. LEXIS 19637 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

The orders holding the appellant-husband in contempt and committing him to jail for failing to make temporary alimony payments are summarily reversed because neither contains the requisite finding1 of a wilful failure to pay notwithstanding a present ability to do so.2 Faircloth v. Faircloth, 339 So.2d 650 (Fla. 1976); Blum v. Blum, 382 So.2d 52 (Fla. 3d DCA 1980); Hammond v. Sandstrom, 376 So.2d 466 (Fla. 3d DCA 1979).

. It is at best highly doubtful that such a finding, even if made, would be supportable by this record.

. Nor, alternatively, a wilful divestiture of assets in order to avoid the payment ordered by the court. Faircloth v. Faircloth, 339 So.2d 650 (Fla. 1976); Hammond v. Sandstrom, 376 So.2d 466 (Fla. 3d DCA 1979).

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