PATRICIA J. MORELAND, APPELLANT,
v.
JOHN W. MORELAND, JR., APPELLEE
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PER CURIAM.
Upon considering the briefs, the record, and the oral argument, we find that the trial court did not abuse its discretion in the modification order here appealed. The termination of husband’s permanent alimony obligation to wife is supported by the evidence of wife’s improved financial circumstances since the time of the final divorce decree in 1963, irrespective of any change in husband’s financial abilities since that time.
The trial court did not abuse its discretion in refusing to enforce the child support arrearages by the extraordinary remedy of contempt under the rule of Wilkes v. Revels, 245 So. 2d 896 (Fla. 1st DCA 1970), cert. denied, 247 So. 2d 437 (Fla. 1971) and Patterson v. Patterson, 348 So. 2d 592 (Fla. 1st DCA 1977). As stated in Wilkes, the wife’s remedy for recovery of the child support arrearages is now limited to a judgment enforceable by ordinary civil proceedings.
The judgment is AFFIRMED.
McCORD, C. J., and SMITH and BOOTH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sherl Lanette Raybuck v. Raybuck, 451 So. 2d 540 (Fla. 2d DCA 1984)…rt, however, did not err in refusing to find the father in contempt of court. Imposition of contempt as a sanction against a parent who defaults on payment of child support is a discretionary matter, not a matter of right. Fox; Moreland v. Moreland, 358 So. 2d 907 (Fla. 1st DCA 1978); Smithwick. The court below did not abuse its discretion by not imposing this sanction. Cf. Pottinger; Fox; Boyle v. Boyle, 194 So. 2d 64 (Fla. 3d DCA 1967). Accordingly, we reverse the portions of the final order which state th…
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Smith v. Morgan, 379 So. 2d 1052 (Fla. 1st DCA 1980)…children. Contempt is not an appropriate remedy to aid in the collection of money judgments. The wife’s remedy for recovery of the child support arrearages is now limited to a judgment enforceable by ordinary civil proceedings. Moreland v. Moreland, 358 So. 2d 907 (Fla. 1st DCA 1978). Accordingly, the order is reversed. ERVIN, SHIVERS and SHAW, JJ., concur.…
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Roberts v. Roberts, 385 So. 2d 1032 (Fla. 5th DCA 1980)…e mother who petitions after the child has attained his majority is a judgment enforceable by ordinary civil proceedings, not contempt. Wilkes v. Revels, 245 So. 2d 896 (Fla. 1st DCA 1970), cert. den. 247 So. 2d 437 (Fla.1971); Moreland v. Moreland, 358 So. 2d 907 (Fla. 1st DCA 1978); Gersten v. Gersten, 281 So. 2d 607 (Fla. 3d DCA 1973). The rationale of such proposition is that once a child has attained majority, the public necessity of providing support for that child when a minor has been accomplished. Ac…
Authorities Cited
- Patterson v. Patterson, 348 So. 2d 592 (Fla. 1st DCA 1977)
- Bogle v. State, 245 So. 2d 896 (Fla. 2d DCA 1971)
- Honorable P. B. Revels v. Wilkes, 247 So. 2d 437 (Fla. 1971)
- Est. of Anne J. Clemens v. Double Envelope Corp. & the Fla. Indus. Comm'n, 247 So. 2d 437 (Fla. 1971)