DOLORES W. JAMES, APPELLANT,
v.
RUSSELL W. JAMES, APPELLEE

Fla. 3d DCA | 1995-01-04
No. 94-1121
Before COPE, LEVY and GODERICH, JJ.
648 So. 2d 287 Florida District Court of Appeal, Third District (1995) Positive Treatment
Cited by 4 cases

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Synopsis

Mother Dolores James appealed the denial of her contempt motion against the father for allegedly failing to support their daughter Kristy since 1985, when Kristy moved into the mother's home. The court affirmed the denial but remanded for the trial court to calculate the amount owed under the property settlement agreement, accounting for amounts the father had actually paid on Kristy's behalf.


Holding

The court affirmed the denial of the contempt motion because the trial court had not entered either a support order or a money judgment for child support obligations, which are prerequisites for enforcing child support by contempt. The court remanded for the trial court to determine the amount owed under the settlement agreement, with authority to reduce the mother's claim by amounts the father had paid on Kristy's behalf since 1985.


Headnotes

[1] A trial court may enforce child support obligations through contempt proceedings once a support order or money judgment for child support has been issued.

[2] A trial court must determine the specific amount owed before enforcing child support obligations via contempt.

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Key Quotes

“Once a support order has been issued, a trial court may enforce child support obligations by equitable means such as contempt proceedings.”

Establishes that contempt is available only after a support order or money judgment exists

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Facts & Procedural History

The parties divorced in 1976; the father retained permanent custody of their daughter Kristy, then approximately six years old. The property settlemen…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Dolores James, the mother, appeals from an order denying her Motion for Contempt and Other Relief. We affirm the denial of the motion, but remand for further proceedings consistent with this opinion.

The parties were divorced in 1976. The final judgment dissolving marriage incorporated the parties’ property settlement agreement. The final judgment stated that the father, Russell W. James, would have permanent custody of the parties’ minor child, Kristy Ann James, who was approximately six years old at the time. The property settlement agreement provided, in part, as follows: “Husband agrees to assume full responsibility for support of KRISTY ANN through college or until she is emancipated whichever first occurs.”

Kristy resided with her father until 1985 when she moved in with her mother. In August 1988, Kristy left Miami to attend college. At that time, the parties worked out a budget agreeing to split Kristy’s expenses in half. Kristy graduated from college in December 1992.

On March 30, 1993, the mother filed a Motion for Contempt and Other Relief. She alleged, in part, that since 1985, when Kristy moved in with her, the father had not complied with the support provision of the settlement agreement. The trial court denied the mother’s motion for contempt.

Once a support order has been issued, a trial court may enforce child support obligations by equitable means such as contempt proceedings. Gibson v. Bennett, 561 So. 2d 565, 567 (Fla.1990). In addition, a money judgment for child support obligations may also be enforced by contempt proceedings. Gibson, 561 So. 2d at 569. In the instant case, the trial court failed to make a determination, in accordance with the settlement agreement, as to the amount owed by the father. Therefore, the trial court did not enter either a support order or a money judgment for child support obligations. Accordingly, we affirm the denial of the mother’s motion for contempt, but remand for further proceedings.

On remand, the trial court, when determining the amount owed by the father, is free to reduce the mother’s claim by any amounts that the father has paid on Kristy’s behalf since the time when Kristy moved in with her mother. The record clearly demonstrates that the father continued to pay for many of Kristy’s expenses, even though she had moved in with her mother in 1985. In addition, Kristy also stated in an affidavit that while she was in her “mother’s care, my father continued to support me by paying expenses” and that “I do not agree with my mother’s suit against my father. My father has always supported me.”

Accordingly, we affirm the denial of the mother’s motion for contempt, but remand for further proceedings consistent with this opinion.


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Citator

Cited By

  • James v. James, 675 So. 2d 683 (Fla. 3d DCA 1996)
    …the trial court’s denial of her motion for contempt for the husband’s alleged failure to pay child support. This court then remanded the cause for further proceedings to determine what sums, if any, the wife was entitled to recover. James v. James, 648 So. 2d 287 (Fla. 3d DCA 1995). This court then denied both parties’ motions for appellate attorney’s fees and the husband’s motion for costs. After the mandate issued, the wife’s counsel filed a motion in the trial court captioned “Motion to Enforce Mandate,…
  • Eggleston v. Eggleston, 751 So. 2d 191 (Fla. 4th DCA 2000)
    …iewed orders denying motions for contempt, it appears in those cases that the orders were entered after final judgment. Hollander v. Vetrick, 675 So. 2d 1047 (Fla. 4th DCA 1996); Didier v. Didier, 669 So. 2d 1072 (Fla. 1st DCA 1996); James v. James, 648 So. 2d 287 (Fla. 3d DCA 1995). Jurisdiction to review those orders was authorized by Florida Rule of Appellate Procedure 9.130(a)(4) because they were “non-final orders entered after final order.” The order in the present case was not entered after a final o…

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