Florida District Courts of Appeal, 1998

Krystoff v. Krystoff

Florida District Courts of Appeal · Decided February 18, 1998 · Dell, Gunther, Klein

705 So. 2d 146; 1998 Fla. App. LEXIS 1377; 1998 WL 64073 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Silverman v. Silverman (Fla. Dist. Ct. App. 1998)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

We reverse the order granting the former wife’s motion for civil contempt and ordering the husband committed to jail if he fails to pay the entire child support arrearage as a purge amount. The order is defective on its face because it does not contain a finding of the former husband’s present ability to pay the purge amount. See Bowen v. Bowen, 471 So.2d 1274 (Fla. 1985). Furthermore, the record contains no affirmative evidence that he in fact has that ability. See Pompey v. Cochran, 685 So.2d 1007, 1014-15 (Fla. 4th DCA 1997).

REVERSED.

DELL, GUNTHER and KLEIN, JJ., concur.

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