JOHN C. HERTRICH, APPELLANT,
v.
ROBERTA L. HERTRICH, APPELLEE
JOHN C. HERTRICH, APPELLANT,
ROBERTA L. HERTRICH, APPELLEE
643 So. 2d 115
Florida District Court of Appeal, Fifth District (1994)
Positive Treatment
Cited by 15 cases
Opinion of the Court
PER CURIAM.
We affirm the amended final judgment of dissolution entered by the trial court, except that we modify the judgment by striking from paragraph 14 the following language:
This provision shall be enforceable by the contempt powers of the Court.
Paragraph 14 affects the division of property between the parties by requiring appellant John C. Hertrich to repay a sum of money to appellee Roberta L. Hertrich. Such an order is not enforceable by contempt. See Veiga v. State, 561 So. 2d 1335 (Fla. 5th DCA 1990). See also Owens v. Owens, 578 So. 2d 444 (Fla. 1st DCA 1991).
Judgment AFFIRMED AS MODIFIED.
DAUKSCH, GOSHORN and DIAMANTIS, JJ., concur.
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Braswell v. Braswell, 881 So. 2d 1193 (Fla. 3d DCA 2004)…ution awards. A support award can be enforced by contempt proceedings and incarceration. Equitable distribution awards or property division awards are debts which cannot be enforced by contempt proceedings or incarceration. See Hertrich v. Hertrich, 643 So. 2d 115 (Fla. 5th DCA 1994); Filan v. Filan, 549 So. 2d 1105 (Fla. 4th DCA 1989). The remedies available to enforce an equitable distribution or property division award are those available to creditors against debtors. See Veiga v. State, 561 So. 2d 1335, 1…
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la Roche v. LA Roche, 662 So. 2d 1018 (Fla. 5th DCA 1995)…clerk as soon as possible after the expiration of sixty days if the debt was not paid. We reverse. Property division awards may not be enforced by contempt; the only remedies available are those of a creditor against a debtor. Hertrich v. Hertrich, 643 So. 2d 115 (Fla. 5th DCA 1994); Veiga v. State, 561 So. 2d 1335, 1336 (Fla. 5th DCA 1990). Here, husband had a perfect remedy in the agreement which contained an “enforcement” provision calling for specific performance, costs and attorney’s fees in the event o…
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Bd. OF Trs. OF the Orlando Police Pension Plan v. Langford, 833 So. 2d 230 (Fla. 5th DCA 2002)…month when the first monthly retirement benefit payment' was actually made to the former husband. Further, the assumption that the contempt process is available to enforce an award of equitable distribution is a leap of faith. Hertrich v. Hertrich, 643 So. 2d 115 (Fla. 5th DCA 1994); Veiga v. State, 561 So. 2d 1335 (Fla. 5th DCA 1990). . Haynes v. Haynes, 148 Ariz. 191, 713 P. 2d 1249 (Ct.App.1984) (police pension plan benefits were community property, subject to division, despite anti-alienation statute; a…
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- Veiga v. State, 561 So. 2d 1335 (Fla. 5th DCA 1990)
- Owens v. Owens, 578 So. 2d 444 (Fla. 1st DCA 1991)