MARK POPE, APPELLANT,
v.
KAY QUATTELBAUM, F/K/A KAY POPE, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Mark Pope appeals a civil contempt order for failure to pay child support that imposed indefinite incarceration with a $25,000 purge condition. The court reversed because the trial court failed to comply with Florida Family Law Rule of Procedure 12.615 by not reciting the factual basis for finding Pope had the ability to pay and by improperly wording the writ of bodily attachment without providing for a hearing before incarceration.
The trial court erred in two respects: (1) the order failed to include the required factual recitation supporting the finding that Pope had present ability to pay, and (2) the writ of bodily attachment was improperly worded because it omitted any provision for a hearing on Pope's ability to pay before incarceration. The order is reversed and remanded for an amended order in compliance with the rule.
[1] A civil contempt order for failure to pay child support must include a recitation of the factual basis for the finding that the obligor has the present ability to pay the…
[2] A writ of bodily attachment in a civil contempt proceeding for child support must direct that the contemnor be brought before the court within 48 hours for a hearing on w…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Because the trial court erred by failing to comply with Florida Family Law Rule of Procedure 12.615 in two respects, we reverse and remand for the trial court to issue an amended order.”
The court's main holding that reversal is required due to procedural errors in the contempt order.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceMark Pope, a Colorado resident, was found in civil contempt for failure to pay child support. He did not attend the hearing and therefore did not pres…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Ability To Pay Purge Amount cases and more on FLexlaw
COVINGTON, Judge.
Mark Pope appeals the trial court’s order adjudicating him in civil contempt for failure to pay child support and ordering indefinite incarceration with a $25,000 purge condition. Pope resides in Colorado and is not presently in custody. Because he did not attend the hearing, he did not present evidence as to his present ability to pay the purge amount. Because the trial court erred by failing to comply with Florida Family Law Rule of Procedure 12.615 in two respects, we reverse and remand for the trial court to issue an amended order.
First, the order does not include a recitation of the factual basis, as required by rule 12.615(e), for its finding that Pope had the present ability to pay the purge amount. See Bowen v. Bowen, 471 So. 2d 1274, 1278 (Fla.1985); Bresch v. Henderson, 761 So. 2d 449, 451 (Fla. 2d DCA 2000).
Second, the order incorrectly worded the writ of bodily attachment it imposed pursuant to rule 12.615(c)(2)(B).
The writ of bodily attachment procedure provided in rule 12.615(e) is designed to assure that a nonappearing obligor is afforded due process. See Dep’t of Revenue ex rel. Meade v. Meade, 827 So. 2d 1093, 1094 (Fla. 2d DCA 2002); Pompey v. Cochran, 685 So. 2d 1007, 1015 (Fla. 4th DCA 1997).
Such a writ should direct that the contemnor “be brought before the court within 48 hours for a hearing on whether the alleged contemnor has the present ability to pay.” Fla. Fam. L.R.P. 12.615(c)(2)(B).
The writ issued here directs only that Pope be taken into custody and confined in the Sarasota County Jail unless he pays the purge amount. It omits any provision for an ability-to-pay hearing before incarceration.
We reverse and remand with directions for the trial court to enter an amended order consistent with this opinion.
CASANUEVA and WALLACE, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Montgomery Blair Sibley v. Lando, 437 F.3d 1067 (11th Cir. 2005)…istrict court properly concluded that Judge Lando had judicial immunity from Sibley’s claims, because, by issuing the writ of bodily attachment, Judge Lando was committing a judicial act. See Bolin, 225 F. 3d at 1239; see also Pope v. Quattelbaum, 884 So. 2d 301, 301 (Fla.App.Dist.Ct.2004) (discussing and applying Florida Family Law Rule of Procedure 12.615(e)’s writ of bodily attachment provision). The jurisdictional inquiry is a state law question and is discussed in section B of this opinion regarding s…
Authorities Cited
- Eugenia Bowen & the Fla. Dep't of Health & Rehabilitative Servs. v. Bowen, 471 So. 2d 1274 (Fla. 1985)
- Pompey v. Cochran, 685 So. 2d 1007 (Fla. 4th DCA 1997)
- Bresch v. Cal Henderson, 761 So. 2d 449 (Fla. 2d DCA 2000)
- Dep't OF Revenue v. Meade, 827 So. 2d 1093 (Fla. 2d DCA 2002)