Galpern v. Department of Revenue Ex Rel. Galpern

District Court of Appeal of Florida

Galpern v. Department of Revenue Ex Rel. Galpern

58 So. 3d 438, 2011 Fla. App. LEXIS 5631, 2011 WL 1485328

CourtDistrict Court of Appeal of Florida

DecidedApril 20, 2011

Docket4D10-993

StatusPublished

This text of 58 So. 3d 438 (Galpern v. Department of Revenue Ex Rel. Galpern) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Galpern v. Department of Revenue Ex Rel. Galpern, 58 So. 3d 438, 2011 Fla. App. LEXIS 5631, 2011 WL 1485328 (Fla. Ct. App. 2011).

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Opinion

PER CURIAM.

A father appeals an order holding him in contempt for failure to pay child support, claiming that the order is facially deficient in its findings that he has the ability to pay the purge amount set. The court found that he made $400 per week plus commissions but found that he was on food stamps and had not made a mortgage payment in 18 months. Nevertheless, the court set the purge amount at $700 to be paid immediately and $20,000 every sixty days thereafter until the entire $92,000 arrearage is paid. The Department concedes that the order is facially defective. We reverse and remand for the court to make sufficient findings to support its order, or to revise the purge amount. The court, or child support hearing officer, may take additional evidence on the issue.

WARNER, LEVINE and CONNER, JJ., concur.

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PER CURIAM.

A father appeals an order holding him in contempt for failure to pay child support, claiming that the order is facially deficient in its findings that he has the ability to pay the purge amount set. The court found that he made $400 per week plus commissions but found that he was on food stamps and had not made a mortgage payment in 18 months. Nevertheless, the court set the purge amount at $700 to be paid immediately and $20,000 every sixty days thereafter until the entire $92,000 arrearage is paid. The Department concedes that the order is facially defective. We reverse and remand for the court to make sufficient findings to support its order, or to revise the purge amount. The court, or child support hearing officer, may take additional evidence on the issue.

WARNER, LEVINE and CONNER, JJ., concur.

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Bluebook (online)

58 So. 3d 438, 2011 Fla. App. LEXIS 5631, 2011 WL 1485328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/galpern-v-department-of-revenue-ex-rel-galpern-fladistctapp-2011.

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