MARY BUTCHART, N/K/A MARY MURRAY, APPELLANT,
v.
CLARK BUTCHART, APPELLEE

Fla. 4th DCA | 1985-06-05
No. 84-2518
ANSTEAD, C.J., and HERSEY and DELL, JJ., concur.
469 So. 2d 965 Florida District Court of Appeal, Fourth District (1985) Negative Treatment
Cited by 18 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm in part and reverse in part the trial court’s order adjudging both parties in contempt with reference to prior court orders concerning child support and visitation. We reverse that portion of the order which permits the appellee, to make monthly payments towards child support arrearages “in lieu of his regular child support” payments. The appellee should be required to keep current with his “regular” child support payments as well as being required to make reasonable payments toward the substantial arrearage he has accumulated. We also hold that the maximum number of prior payments that the trial court could refuse to enforce by contempt were those payments not made in the year immediately preceding the October 24, 1984 hearing. The appellant is also entitled to interest at the legal rate on the amount of arrearage assessed. The balance of the court’s order is affirmed. Accordingly, this cause is remanded to the trial court with directions for further proceedings in accord herewith.

ANSTEAD, C.J., and HERSEY and DELL, JJ., concur.


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  • Shrove v. Shrove, 724 So. 2d 679 (Fla. 4th DCA 1999)
    …urt may accept the parties’ previous stipulation. Prejudgment Interest Finally, we agree with the wife that the court erred in failing to award prejudgment interest on the arrearages found to be due in the final judgment. See Butchart v. Butchart, 469 So. 2d 965, 965 (Fla. 4th DCA 1985); Warner, 692 So. 2d at 270; Nelson-Higdon v. Higdon, 680 So. 2d 524, 524 (Fla. 1st DCA 1996); Applegate v. Applegate, 566 So. 2d 865, 866 (Fla. 1st DCA 1990). The husband concedes that the wife is entitled to post-judgment i…
  • Leone v. Weed, 474 So. 2d 401 (Fla. 4th DCA 1985)
    …e. Therefore, we hold that it was error to permit such an extended and delayed repayment schedule. The former husband should be required to make reasonable ar-rearage payments concurrent with his regular support payments. E.g., Butchart v. Butchart, 469 So. 2d 965 (Fla. 4th DCA 1985). Moreover, the former husband should pay interest at the legal rate on the amount of the outstanding arrearages. Butchart v. Butchart, supra; see also Melvin v. Melvin, 391 So. 2d 691 (Fla. 1st DCA 1980). Finally, the trial cour…
  • Villaverde v. Villaverde, 547 So. 2d 185 (Fla. 3d DCA 1989)
    …ourts failure to award interest at the legal rate provided in section 55.03, Florida Statutes (1985), on pension money awarded to the wife but not transferred to her. Yohem v. Yohem, 324 So. 2d 160 (Fla. 4th DCA 1975); see also Butchart v. Butchart, 469 So. 2d 965 (Fla. 4th DCA 1985). Finally, we accept appellee’s concession that the trial court erred in permitting the husband to claim the children as dependents for income tax purposes. McKenzie v. Kinsey, 532 So. 2d 98 (Fla. 1st DCA 1988). For these reason…

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