DEPARTMENT OF REVENUE O/B/O CHANDRA BEAN
v.
KENNETH J. ROBINSON
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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.
[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…
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Join FLexlaw to unlock all legal intelligenceThe Department of Revenue brought a contempt petition against Kenneth J. Robinson for failure to pay child support arrearages owed to Chandra Bean. Th…
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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.
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Citator
Authorities Cited
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