WILLIAM LACY REGISTER, APPELLANT,
v.
RHONDA REGISTER PITA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the trial court did not err in finding the appellant in contempt for failing to pay child support, as he failed to demonstrate an inability to pay.
Appellant was found in contempt for failing to pay child support. He appealed, arguing he lacked the financial ability to purge the contempt.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Burden Of Proof In Contempt Proceedings cases and more on FLexlaw
ZEHMER, Judge.
William Lacy Register appeals an order finding him in contempt of court for failing to comply with a provision of the final judgment that required him to pay child support. He contends that the trial court improperly used incarceration as a means of punishing him for his failure to pay child support when he did not have the financial ability to purge himself of the contempt.
It is now well established law in this state that a judgment directing a party to pay child support creates, for purposes of subsequent proceedings, a presumption of the ability to pay. Bowen v. Bowen, 471 So. 2d 1274 (Fla.1985). In a civil contempt proceeding to enforce that judgment, the moving party has the burden of showing that a prior court order directed the party moved against to pay child support and that the latter party failed to make the ordered payments. Id. at 1278. Once the movant has made this showing, the burden of producing evidence shifts to the defaulting party,
who must dispel the presumption of ability to pay by demonstrating that, due to circumstances beyond his control which intervened since the time the order directing him to pay was entered, he no longer has the ability to meet his support obligations.
Id. at 1279. See also Knowles v. Knowles, 522 So. 2d 477 (Fla. 5th DCA), rev. denied, 531 So. 2d 1354 (Fla.1988). The record on appeal does not contain evidence sufficient to show that appellant carried his burden, and therefore we find no error in the trial court’s order. AFFIRMED.
JOANOS and MINER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Pompey v. Cochran, 685 So. 2d 1007 (Fla. 4th DCA 1997)…tax returns, W-2s, and financial affidavit] FAILURE TO PRODUCE THE DOCUMENTS REQUESTED MAY LEAD THE COURT TO CONCLUDE THAT YOU HAVE FAILED TO REBUT THE PRESUMPTION THAT YOU HAVE THE ABILITY TO PAY YOUR SUPPORT OBLIGATIONS IN FULL. Register v. Pita, 546 So. 2d 1162 (1st DCA 1989). THE BURDEN OF PROOF IS YOURS TO ESTABLISH YOUR INABILITY TO PAY. The motion and notice were personally served on Pompey in Manatee County, where he resided. Pompey failed to attend the scheduled hearing before a hearing officer in F…
-
Polli v. Vina, 557 So. 2d 55 (Fla. 3d DCA 1989)…lure to make the court-ordered support payments. An order directing a party to pay child support creates, for the purpose of a subsequent proceeding, a presumption of an ability to pay. Bowen v. Bowen, 471 So. 2d 1274 (Fla.1985); Register v. Pita, 546 So. 2d 1162 (Fla. 1st DCA 1989); Queener v. Queener, 495 So. 2d 269 (Fla. 2d DCA 1986). In a civil contempt proceeding brought to enforce a child-support order, the movant must first show that the payor has defaulted. The burden then shifts to the payor to rebu…
Authorities Cited
- Eugenia Bowen & the Fla. Dep't of Health & Rehabilitative Servs. v. Bowen, 471 So. 2d 1274 (Fla. 1985)
- Knowles v. Knowles, 522 So. 2d 477 (Fla. 5th DCA 1988)