DuBois v. DuBois

Full title: ROBERT S. DuBOIS, APPELLANT, v. GAY DuBOIS, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Mar 23, 1982

412 So. 2d 23 (Fla. Dist. Ct. App. 1982)

Opinion

No. 82-438.

March 23, 1982.

Appeal from Circuit Court, Dade County; Dick C.P. Lantz, Judge.

Welbaum, Zook, Jones Williams and John D. Weatherford, Miami, for appellant.

Robert F. Weiner, Miami, for appellee.

Before SCHWARTZ, NESBITT and BASKIN, JJ.

PER CURIAM.

The orders holding the appellant-husband in contempt and committing him to jail for failing to make temporary alimony payments are summarily reversed because neither contains the requisite finding¹ of a wilful failure to pay notwithstanding a present ability to do so.² Faircloth v. Faircloth, 339 So.2d 650 (Fla. 1976); Blum v. Blum, 382 So.2d 52 (Fla. 3d DCA 1980); Hammond v. Sandstrom, 376 So.2d 466 (Fla. 3d DCA 1979).

1 It is at best highly doubtful that such a finding, even if made, would be supportable by this record.

2 Nor, alternatively, a wilful divestiture of assets in order to avoid the payment ordered by the court. Faircloth v. Faircloth, 339 So.2d 650 (Fla. 1976); Hammond v. Sandstrom, 376 So.2d 466 (Fla. 3d DCA 1979).