ROBERT W. BURBAGE, APPELLANT,
v.
KRISTINE H. BURBAGE, 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.
Robert Burbage appeals a contempt order for willfully failing to pay $4,000 in child support arrears and an attorney's fees award. The appellate court affirmed the finding of willful nonpayment but reversed both the contempt sentence and fee award because the trial court failed to make required findings regarding Burbage's present ability to pay.
The court affirmed the finding of willful nonpayment but reversed the contempt sentence and remanded because the trial court failed to make required findings on Burbage's present ability to pay the purge amount. The court also reversed the attorney's fees award and remanded for the trial court to make appropriate factual findings to support the fee award.
[1] A finding of willful failure to pay child support requires a determination of the obligor's present ability to pay.
[2] A trial court must make specific factual findings regarding an obligor's present ability to pay a purge amount before imposing a jail sentence for contempt.
Previewing 2 of 5 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“The trial court, however, made no findings with respect to the present ability of Mr. Burbage to pay the support or to comply with and pay the purge conditions.”
Establishes the critical deficiency requiring reversal—lack of findings on the defendant's present ability to pay the purge amount.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceRobert Burbage was ordered to pay child support to his former wife, Kristine Burbage. Burbage failed to pay $4,000 in arrears. The trial court found h…
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 Willful Failure To Pay cases and more on FLexlaw
The former husband, Robert W. Bur-bage, appeals an order finding him in arrears of his past child support obligation amounting to $4,000, holding that he willfully and deliberately failed to pay that amount to the former wife, Kristine H. Burbage, and finding him in contempt of the order requiring him to pay that amount. The trial court sentenced Mr. Burbage to ninety days in the county jail, and set a purge amount of $4,000. We find no error in the trial court’s findings that there was a valid support order in effect; and that the appellant failed to pay the ordered support; and that the failure to pay was willful. See Fla. Fam. L.R.P. 12.615(e); Chetram v. Singh, 937 So.2d 716 (Fla. 5th DCA 2006). The trial court, however, made no findings with respect to the present ability of Mr. Burbage to pay the support or to comply with and pay the purge conditions. See Fla. Fam. L.R.P. 12.615(e); Dileo v. Dileo, 939 So.2d 181, 184 n. 1 (Fla. 5th DCA 2006). We are, therefore, required to reverse and remand this matter to the trial court to determine whether the former husband has the ability to pay the purge amount.
Mr. Burbage also appeals an order awarding attorney’s fees to the former wife. We likewise reverse the fee award and remand for the trial court to make the appropriate factual findings to support its disposition. See Rowl v. Rowl, 864 So.2d 1236 (Fla. 5th DCA 2004); see also Heysek v. Heysek, 997 So.2d 489 (Fla. 2d DCA 2008). We note, however, that the trial court is free in its reconsideration of this issue, as it did in the initial grant of fees, to consider the actions and behavior of the former husband when awarding fees. See Firestone v. Firestone, 704 So.2d 1146 (Fla. 4th DCA 1998); Patterson v. Patterson, 399 So.2d 73 (Fla. 5th DCA 1981).
REVERSED and REMANDED.
SAWAYA and PALMER, JJ, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Patterson v. Patterson, 399 So. 2d 73 (Fla. 5th DCA 1981)
- Chetram v. Saraswattee Singh, 937 So. 2d 716 (Fla. 5th DCA 2006)
- Santo Anthony Dileo, Sr. v. Dileo, 939 So. 2d 181 (Fla. 5th DCA 2006)
- Barnishin v. State, 864 So. 2d 1236 (Fla. 1st DCA 2004)
- Carlile v. Shands Teaching Hosp. & Clinics, Inc., 704 So. 2d 1146 (Fla. 1st DCA 1998)
- Randy v. Heysek, 997 So. 2d 489 (Fla. 2d DCA 2008)