Brown v. Brown

210 So. 3d 781, 2017 WL 728067, 2017 Fla. App. LEXIS 2531

Opinion

WALLIS, J.

Clint Steven Brown (“Former Husband”) appeals the trial court’s order of indirect civil contempt for failure to pay alimony to Angela Sue Brown (“Former Wife”). Florida Family Law Rule of Procedure 12.615(d)(1) provides:

An order finding the alleged contemnor to be in contempt shall contain a finding that a prior order of support was entered, that the alleged contemnor has failed to pay part or all of the support ordered, that the alleged contemnor had the present ability to pay support, and that the alleged contemnor willfully failed to comply with the prior court order. The order shall contain a recital of the facts on which these findings are based.

(emphasis added). Here, despite including general findings regarding Former Husband’s finances, the trial court failed to expressly find that he had the present ability to pay support. The absence of such a finding warrants reversal “for the limited purpose of allowing the trial court to enter an order in compliance with rule 12.615(d)(1).” Trisotto v. Trisotto, 966 So.2d 986, 988 (Fla. 5th DCA 2007); accord Holtz v. Holtz, 95 So.3d 457, 458 (Fla. 4th DCA 2012). Thus, we reverse and remand for entry of a compliant order.

REVERSED and REMANDED with Instructions.

SAWAYA and BERGER, JJ., concur.