CORWIN A. CAMPBELL, APPELLANT,
v.
SANDRA L. CAMPBELL, APPELLEE
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The court held that the record lacked sufficient support to conclude the appellant's failure to pay arrearages was willful and that he had the present ability to purge the contempt.
Appellant was found in civil contempt for failure to pay arrearages. Appellant presented evidence of job loss, unemployment, and substantially reduced…
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PER CURIAM.
We reverse an order adjudicating Appellant in civil contempt. The record lacks support for a conclusion that Appellant’s failure to pay arrearages was willful and that he had the present ability to purge himself of contempt.
Appellant’s unimpeaehed evidence was that, after the dissolution, Appellant lost his job and was unemployed for several months, following which his income was substantially reduced. He immediately sought modification but his petition was not heard for over two years because the initial final judgment was on appeal. He also sought temporary relief incident to Appellee’s enforcement proceedings. Appellee offers no independent evidence to refute Appellant’s proof of reduced income and the record contains no evidence of bad faith on Appellant’s part. We note that Appellant’s payment of the monthly purge amount would absorb all or nearly all of his remaining net income after payment of alimony and child support.
We remand for further proceedings. See generally Bowen v. Bowen, 471 So. 2d 1274, 1279 (Fla.1985); Phillips v. Phillips, 588 So. 2d 9 (Fla. 2d DCA 1991; Kossmann v. Kossmann, 550 So. 2d 168 (Fla. 2d DCA 1989). As to all other issues, we affirm.
GLICKSTEIN, STONE and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Richardo Escribano v. Coviello, 698 So. 2d 934 (Fla. 4th DCA 1997)…rder. We also reverse the trial court’s finding that Appellant has the ability to pay the purge amount. Such finding does not take into account that the purge amount provided would absorb nearly all of Appellant’s income. See Campbell v. Campbell, 679 So. 2d 366 (Fla. 4th DCA 1996). STONE, C.J., and STEVENSON and SHAHOOD, JJ., concur. . Appellee did not file an answer brief or appendix.…
Authorities Cited
- Eugenia Bowen & the Fla. Dep't of Health & Rehabilitative Servs. v. Bowen, 471 So. 2d 1274 (Fla. 1985)
- Harden v. State, 588 So. 2d 9 (Fla. 4th DCA 1991)
- Kossmann v. Kossmann, 550 So. 2d 168 (Fla. 2d DCA 1989)