DuBois v. DuBois

Florida District Courts of Appeal March 23, 1982

DuBois v. DuBois, 412 So. 2d 23 (1982)

1982 Fla. App. LEXIS 19637

Baskin, Nesbitt, Schwartz

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).

Reference

Full Case Name: Robert S. DuBOIS v. Gay DuBOIS
Cited By: 2 cases
Status: Published