JAMES LEWIS POPE, APPELLANT,
v.
NAN B. MCKEE, ETC., APPELLEE
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GOSHORN, Judge.
James Lewis Pope appeals an order of the trial court adjudging him to be in contempt of court for failure to make previously ordered child support payments. The only issue raised on appeal concerns the wording of the contempt order. The trial court found that appellant:
Has the present ability to pay the child support previously ordered.
Appellant contends that this finding is insufficient under the holding in Bowen v. Bowen, 471 So. 2d 1274 (Fla.1985). Bowen held that the trial court must make an affirmative finding that the contemnor possesses the present ability to comply with the purge conditions set forth in the contempt order. In this case the purge amount and the previously ordered child support are the same. Under these conditions we conclude that the order of the trial court complies with the requirements of Bowen, and the judgment is affirmed.
AFFIRMED.
COBB and PETERSON, JJ., concur.
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Citator
Cited By
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Jones v. Jones, 671 So. 2d 852 (Fla. 5th DCA 1996)…3d DCA 1990). He argues that, without a finding of a present ability to pay the purge, incarceration was an inappropriate alternative to collect the arrearages. See Brown v. Brown, 658 So. 2d 627 (Fla. 5th DCA 1995). We disagree. In Pope v. McKee, 565 So. 2d 785 (Fla. 5th DCA 1990), this court was faced with a similar problem of whether the trial court’s order finding that the former husband had the ability to comply with the purge conditions was sufficient under Bowen. We held that because “the purge amoun…
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Dep't OF Health & Rehabilitative Servs. v. Beckwith, 624 So. 2d 395 (Fla. 5th DCA 1993)…former spouse to be in civil contempt for failure to pay child support, but none of the opinions in those cases discuss the rule of appellate procedure authorizing the review, e.g., Miller v. Miller, 587 So. 2d 601 (Fla. 5th DCA1991); Pope v. McKee, 565 So. 2d 785 (Fla. 5th DCA1990); Upchurch v. Upchurch, 418 So. 2d 373 (Fla. 5th DCA1982). We hold that a civil contempt order imposing incarceration as an inducement to performance of the act required by the trial court entered pursuant to a post-dissolution su…
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Brown v. Brown, 658 So. 2d 627 (Fla. 5th DCA 1995)…5 So. 2d at 175 (citing Bowen v. Bowen, 471 So. 2d 1274, 1279 (Fla.1985)). The trial court’s finding that Brown “has the ability to meet his child support obligations as previously ordered by this Court” would appear to be sufficient. Pope v. McKee, 565 So. 2d 785, 786 (Fla. 5th DCA 1990). This finding was contradicted, however, by the trial court’s later finding that Brown was indigent for appeal purposes. The supreme court has held that a finding that a contem-nor is indigent affirmatively establishes that…
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- Eugenia Bowen & the Fla. Dep't of Health & Rehabilitative Servs. v. Bowen, 471 So. 2d 1274 (Fla. 1985)