Krystoff v. Krystoff

District Court of Appeal of Florida

Krystoff v. Krystoff

705 So. 2d 146, 1998 Fla. App. LEXIS 1377, 1998 WL 64073

CourtDistrict Court of Appeal of Florida

DecidedFebruary 18, 1998

DocketNo. 97-2598

StatusPublished

Cited by1 cases

This text of 705 So. 2d 146 (Krystoff v. Krystoff) 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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Krystoff v. Krystoff, 705 So. 2d 146, 1998 Fla. App. LEXIS 1377, 1998 WL 64073 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

We reverse the order granting the former wife’s motion for civil contempt and ordering the husband committed to jail if he fails to pay the entire child support arrearage as a purge amount. The order is defective on its face because it does not contain a finding of the former husband’s present ability to pay the purge amount. See Bowen v. Bowen, 471 So.2d 1274 (Fla.1985). Furthermore, the record contains no affirmative evidence that he in fact has that ability. See Pompey v. Cochran, 685 So.2d 1007, 1014-15 (Fla. 4th DCA 1997).

REVERSED.

DELL, GUNTHER and KLEIN, JJ., concur.

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PER CURIAM.

We reverse the order granting the former wife’s motion for civil contempt and ordering the husband committed to jail if he fails to pay the entire child support arrearage as a purge amount. The order is defective on its face because it does not contain a finding of the former husband’s present ability to pay the purge amount. See Bowen v. Bowen, 471 So.2d 1274 (Fla.1985). Furthermore, the record contains no affirmative evidence that he in fact has that ability. See Pompey v. Cochran, 685 So.2d 1007, 1014-15 (Fla. 4th DCA 1997).

REVERSED.

DELL, GUNTHER and KLEIN, JJ., concur.

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705 So. 2d 146, 1998 Fla. App. LEXIS 1377, 1998 WL 64073, Counsel Stack Legal Research, https://law.counselstack.com/opinion/krystoff-v-krystoff-fladistctapp-1998.

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