Singer v. Cochran

District Court of Appeal of Florida

Singer v. Cochran

685 So. 2d 36, 1996 Fla. App. LEXIS 12804, 1996 WL 692158

CourtDistrict Court of Appeal of Florida

DecidedDecember 4, 1996

DocketNo. 96-0933

StatusPublished

Cited by2 cases

This text of 685 So. 2d 36 (Singer v. Cochran) 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.

Bluebook

Singer v. Cochran, 685 So. 2d 36, 1996 Fla. App. LEXIS 12804, 1996 WL 692158 (Fla. Ct. App. 1996).

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Opinion

FARMER, Judge.

A former husband petitions for a- writ of habeas corpus to secure his release from confinement for non-payment of alimony. We treat the papers whereon the petition has been brought as an appeal and affirm the contempt order.

We agree with respondent that no error has been shown. Until the court grants modification of the final judgment of dissolution and terminates alimony upon a finding that the former wife has engaged in conduct that should end alimony under the agreement, the former husband may not unilaterally cease paying alimony simply because he has initiated a modification proceeding. The trial judge has the discretion to insist on the payment of alimony until a final determination on the modification has been had and equally, we think, to enforce that discretion by the court’s powers of contempt.

AFFIRMED.

STONE and PARIENTE, JJ., concur.

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FARMER, Judge.

A former husband petitions for a- writ of habeas corpus to secure his release from confinement for non-payment of alimony. We treat the papers whereon the petition has been brought as an appeal and affirm the contempt order.

We agree with respondent that no error has been shown. Until the court grants modification of the final judgment of dissolution and terminates alimony upon a finding that the former wife has engaged in conduct that should end alimony under the agreement, the former husband may not unilaterally cease paying alimony simply because he has initiated a modification proceeding. The trial judge has the discretion to insist on the payment of alimony until a final determination on the modification has been had and equally, we think, to enforce that discretion by the court’s powers of contempt.

AFFIRMED.

STONE and PARIENTE, JJ., concur.

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Bluebook (online)

685 So. 2d 36, 1996 Fla. App. LEXIS 12804, 1996 WL 692158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/singer-v-cochran-fladistctapp-1996.

Opinion

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