LAWRENCE CUMMINGS, APPELLANT,
v.
SUSAN CUMMINGS, APPELLEE

Fla. 4th DCA | 1997-01-08
Nos. 96-2937, 96-3760
GLICKSTEIN, STONE and FARMER, JJ., concur.
685 So. 2d 101 Florida District Court of Appeal, Fourth District (1997) Caution
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse the contempt orders. On remand we direct the trial court to determine what portion of the purge amount was necessary for support. Further, we direct that appellant’s present ability to pay also be determined as the record before this court reflects that appellant’s pending bankruptcy frustrates same.

GLICKSTEIN, STONE and FARMER, JJ., concur.


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  • Cummings v. Cummings, 719 So. 2d 948 (Fla. 4th DCA 1998)
    …the final judgment because he could not afford to pay it. He argues that his petition for bankruptcy constituted a substantial change in circumstances that precluded him from paying the additional support. While we indicated in Cummings v. Cummings, 685 So. 2d 101, 101-02 (Fla. 4th DCA 1997), that the husband’s bankruptcy was an impediment to making the equitable distribution payment, that holding does not apply to child support payments. The husband did not introduce any evidence indicating that the pending…
  • Cummings v. Cummings, 37 So. 3d 287 (Fla. 4th DCA 2010)
    …post judgment proceedings marking this case,1 we are now asked to decide whether the remedy of contempt [*289] was properly denied on the basis that payments required by the final judgment were not in the nature of support. In Cummings v. Cummings, 685 So. 2d 101 (Fla. 4th DCA 1997), we had directed the trial Judge to determine two things: what portion of a purge amount was necessary for support, and his current ability to pay such amount. An order prepared by the judge who signed the final judgment clarifie…
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  • Cummings v. Cummings, 244 F.3d 1263 (11th Cir. 2001)
    …t 43 days in jail, the Fourth District Court of Appeal for the State of Florida ordered him released pending a determination by the divorce court regarding what portion of the equitable distribution was "necessary for support.” Cummings v. Cummings, 685 So. 2d 101, 101 (Fla.Dist.Ct.App.1997). The record does not indicate that any further state court proceedings have been held. . In the Divorce Judgment, the divorce court ordered Lawrence Cummings to pay half of Susan Cummings attorneys’ fees. For the first ti…

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