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

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

. 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).

Case Details

Case Name: DuBois v. DuBois
Court Name: District Court of Appeal of Florida
Date Published: Mar 23, 1982
Citation: 412 So. 2d 23
Docket Number: No. 82-438
Court Abbreviation: Fla. Dist. Ct. App.
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