DEPARTMENT OF REVENUE O/B/O CHANDRA BEAN
v.
KENNETH J. ROBINSON

Fla. 5th DCA | 2019-12-20
No. 19-1582
Hill, J., Wallis, J., Eisnaugle, J., Jacobus, B.W., Senior Judge
Florida District Court of Appeal, Fifth District (2019)

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.


Holding

A trial court errs in denying a petition for contempt for failure to pay child support arrearages solely because the mother was not present at the hearing when neither her presence nor testimony is necessary.


Headnotes

[1] In a contempt proceeding for failure to pay child support arrearages, the obligee's presence at the hearing is not a prerequisite to the court's authority to proceed with…

Previewing 1 of 1 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

Facts & Procedural History

The Department of Revenue brought a contempt petition against Kenneth J. Robinson for failure to pay child support arrearages owed to Chandra Bean. Th…

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.


Opinion of the Court
Kenneth

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

DEPARTMENT OF REVENUE O/B/O

CHANDRA BEAN,

Appellant,

v. Case No. 5D19-1582

KENNETH J. ROBINSON,

Appellee.

________________________________/

Opinion filed December 20, 2019

Appeal from the Circuit Court for Lake County, Mark J. Hill, Judge.

Ashley Moody, Attorney General, and Toni C. Bernstein, Senior Assistant Attorney General, Tallahassee, for Appellant.

No Appearance for Appellee.

PER CURIAM.

The Department of Revenue appeals an order denying a petition for contempt brought against the father, Kenneth J. Robinson, for failure to pay child support arrearages. The trial court denied the petition because the mother, Chandra Bean, was not present at the hearing. Because neither the mother's presence nor her testimony was necessary, the trial court erred. See Dep't of Rev. o/b/o Mathias v. Rogers, 44 Fla. L.

2 Weekly D2771, D2772 (Fla. 5th DCA Nov. 15, 2019); Dep't of Rev. o/b/o Gaines v. Curtis, 247 So. 3d 715, 717 (Fla. 5th DCA 2018). Consequently, we reverse and remand for further proceedings. REVERSED and REMANDED.

WALLIS and EISNAUGLE, JJ., and JACOBUS, B.W., Senior Judge, concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw