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345 So. 2d 398

Epstein v. Epstein

District Court of Appeal of Florida · decided 1977-05-03

Cited by 2 later decisions — most recently July 1982

2 state decisions

Relies on 339 So. 2d 650 - Faircloth v. Faircloth · Waters v. Wainwright

Good law ✅— No negative treatment on recordhow we know

Decided 1977-05-03

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PER CURIAM.

¶1The appellant, former husband of the petitioner, appeals an order committing him for contempt for the failure to pay to the former wife approximately $13,400 in arrearages for child support and alimony. The commitment order must be reversed inasmuch as it fails to comply with the requirement that such an order include a *399finding that the debtor is able to pay. Faircloth v. Faircloth, 339 So.2d 650 (Fla.1976).

¶2A second order, assigned as error, denied the appellant’s motion to modify the judgment for child support. No error appears as to this order. See Castor v. Castor 316 So.2d 588 (Fla. 1st DCA 1975).

¶3For the reason expressed, the order of commitment is reversed and the cause is remanded to the trial court with directions to make such affirmative finding of ability if supported by the record or otherwise to vacate the order of contempt.

¶4Affirmed in part, reversed in part.

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