JEFFREY H. GALPERN, APPELLANT,
v.
DEPARTMENT OF REVENUE O/B/O GINA MARIE GALPERN, APPELLEES
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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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Birlkey v. State, 220 So. 3d 431 (Fla. 4th DCA 2017)…5th DCA 1995); see Traylor, 596 So. 2d at 968 (“Any waiver of this right must be knowing, intelligent, and voluntary, and courts generally will indulge every reasonable presumption against waiver of this fundamental right.”). In Capitaine v. State, 58 So. 3d 438, 439 (Fla. 4th DCA 2011), this court reversed and remanded for resentencing because the trial court did not renew' the offer of counsel before sentencing. There, we distinguished the situation in this case, where appellant did not heavily rely on st…