VALERY LAVRIK
v.
FLORIDA DEPARTMENT OF REVENUE OBO
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A trial court errs when it finds a parent in contempt for failure to pay child support without making statutory findings regarding the parent's ability to pay the purge amount.
[1] A trial court must make findings regarding an obligor's ability to pay a purge amount before finding the obligor in contempt for failure to pay child support.
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Join FLexlaw to unlock all legal intelligence“the trial court erred in failing to make findings regarding the father's ability to pay the purge amount”
DOR's basis for confessing error in contempt proceeding
A father was found in contempt by the trial court for failing to pay child support. The Department of Revenue brought an Amended Motion for Contempt.…
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MAY, J.
A father appeals an order on the Department of Revenue’s [DOR’s] Amended Motion for Contempt which found him in contempt for failing to pay child support. He argues the trial court erred in failing to make statutorily required findings. The DOR filed a Confession of Error. In the Confession of Error, the DOR agrees the trial court erred in failing to make findings regarding the father’s ability to pay the purge amount. See Bowen v. Bowen, 471 So. 2d 1274 (Fla. 1985). We therefore reverse and remand the case to the trial court for further proceedings consistent with this opinion.
Reversed and Remanded.
CONNER, C.J., and WARNER, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Eugenia Bowen & the Fla. Dep't of Health & Rehabilitative Servs. v. Bowen, 471 So. 2d 1274 (Fla. 1985)