Larry Gene Williams v. Wanda Elaine Williams
152 So. 3d 702
Fla. Dist. Ct. App.2014Background
- Former Husband (Larry Williams) was found in civil contempt for failing to: obtain/maintain $150,000 life insurance naming Former Wife as beneficiary, pay off a Lowe’s credit card and remove Former Wife’s name, and pay monthly alimony as ordered.
- Trial court found he provided no credible proof of inability to comply and had the financial ability to make the required payments.
- Court set a contempt purge amount of $500 (failure to pay could result in up to 179 days in jail).
- Trial court awarded Former Wife a $5,000 contribution toward attorney’s fees in a separate order.
- Former Husband appealed the contempt finding and the fee award, arguing nonwillfulness/unable-to-comply for contempt and lack of findings on need/ability to support the fee award.
Issues
| Issue | Plaintiff's Argument (Former Wife) | Defendant's Argument (Former Husband) | Held |
|---|---|---|---|
| Whether contempt finding was supported by competent, substantial evidence | Contempt supported: Former Husband failed to rebut presumption of ability to pay; trial record shows noncompliance despite ability | He lacked present ability to obtain insurance and make payments; nonwillful failures | Affirmed — court correctly found Husband failed to overcome presumption and contempt was supported |
| Whether trial court erred by not expressly finding present ability to pay the $500 purge amount | Purge valid; record (financial affidavit) supports ability | Error: court did not make the required separate finding of present ability to pay the purge | Issue not preserved for appeal (no timely motion for rehearing); affirmed in toto |
| Whether attorney’s fees award ($5,000) was supported by findings on need and ability to pay | Fees appropriate because Husband is better able to contribute | Award lacks required findings of Former Wife’s need and Former Husband’s ability to pay and lacks specific reasonableness findings | Reversed and remanded for specific findings on relative financial positions and fee reasonableness |
| Whether the court properly applied precedent and legal standards for contempt and fees | Applied presumptions and cited authorities for burden-shifting in contempt; relied on evidence | Argued that the court misapplied standards or ignored his credible evidence | Contempt application of law affirmed; fee award remanded for additional factual findings |
Key Cases Cited
- Pearson v. Pearson, 932 So. 2d 601 (contempt determination presumed correct on appeal)
- Milian v. State, 764 So. 2d 860 (standard for overturning contempt)
- Bowen v. Bowen, 471 So. 2d 1274 (presumption of ability to pay from dissolution judgment; obligor must rebut)
- Napoli v. Napoli, 142 So. 3d 953 (court must include separate affirmative finding that contemnor has present ability to comply with purge)
- Simmons v. Simmons, 979 So. 2d 1063 (need to preserve facial error in final order via rehearing to raise on appeal)
- Owens v. Owens, 973 So. 2d 1169 (same preservation principle)
- Williams v. Williams, 93 So. 3d 1178 (prior reversal remanding due to lack of findings on fee reasonableness)
- Giovanini v. Giovanini, 89 So. 3d 280 (need to make findings on need and ability when awarding fees)