DuBois v. DuBois

412 So. 2d 23, 1982 Fla. App. LEXIS 19637

• Court: District Court of Appeal of Florida
• Decided: March 23, 1982
• Docket: No. 82-438
• Status: Published

Opinion

PER CURIAM.

The orders holding the appellant-husband in contempt and committing him to jail for failing to make temporary alimony payments are summarily reversed because neither contains the requisite finding¹ of a wilful failure to pay notwithstanding a present ability to do so.² Faircloth v. Faircloth, 339 So.2d 650 (Fla.1976); Blum v. Blum, 382 So.2d 52 (Fla. 3d DCA 1980); Hammond v. Sandstrom, 376 So.2d 466 (Fla. 3d DCA 1979).

1 . It is at best highly doubtful that such a finding, even if made, would be supportable by this record.

2 . Nor, alternatively, a wilful divestiture of assets in order to avoid the payment ordered by the court. Faircloth v. Faircloth, 339 So.2d 650 (Fla.1976); Hammond v. Sandstrom, 376 So.2d 466 (Fla. 3d DCA 1979).