Wednesday, April 4, 2012

Contempt Order Reversed by Fourth District

The Fourth District Court of Appeal reversed today in Ramirez v. Ramirez, on the grounds that the contempt and incarceration order entered below lacked the required findings that the appellant had the present ability to pay the support, that he willfully failed to comply with the support order, and a separate affirmative finding that the contemnor could pay the purge, along with factual findings supporting each such finding.  On remand, the Fourth District also ordered that a new evidentiary hearing be held on the ground that the appellant was prevented from presenting rebuttal evidence prior to the entry of the contempt order.

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