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Day v. Day

District Court of Appeal of Florida, Fourth District
Feb 20, 1991
574 So. 2d 324 (Fla. Dist. Ct. App. 1991)

Summary

holding court may consider disability benefits when considering husband's ability to comply with purge provision of contempt order

Summary of this case from Hess v. Hess

Opinion

No. 90-1786.

February 20, 1991.

Appeal of a non-final order from the Circuit Court for Palm Beach County; John D. Wessel, Judge.

Peter Grable of William Lasley Law Offices, P.A., West Palm Beach, for appellant.

Kalman H. Gerb of Kalman H. Gerb, P.A., Lake Worth, for appellee.


The trial court did not err in considering the former husband's disability benefits when determining that he did in fact have the ability to comply with both the previous judgments and orders of the court and the purge provision of the contempt order. Mims v. Mims, 442 So.2d 102 (Ala. Civ. App. 1983); Riley v. Riley, 82 Md. App. 400, 571 A.2d 1261, 1266, cert. denied, 320 Md. 222, 577 A.2d 50 (1990); Christmas v. Christmas, 787 P.2d 1267, 1268 (Okla. 1990); Murphy v. Murphy, 302 Ark. 157, 787 S.W.2d 684, 685 (1990). Accordingly, we affirm.

HERSEY, C.J., and GLICKSTEIN and WARNER, JJ., concur.


Summaries of

Day v. Day

District Court of Appeal of Florida, Fourth District
Feb 20, 1991
574 So. 2d 324 (Fla. Dist. Ct. App. 1991)

holding court may consider disability benefits when considering husband's ability to comply with purge provision of contempt order

Summary of this case from Hess v. Hess

holding no error in considering former husband's disability benefits when determining ability to comply with previous judgments, court orders, and purge provision of contempt order

Summary of this case from Naples v. Naples
Case details for

Day v. Day

Case Details

Full title:TIMOTHY B. DAY, APPELLANT, v. MARY L. DAY, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Feb 20, 1991

Citations

574 So. 2d 324 (Fla. Dist. Ct. App. 1991)

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