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ALEXANDER ROBYN v. CORINA E. ROBYN
20-0669
| Fla. Dist. Ct. App. | Jul 21, 2021
|
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*1 Before FERNANDEZ, C.J., and GORDO and LOBREE, JJ.

CONFESSION OF ERROR PER CURIAM.

The former wife properly concedes that the trial court erred in finding the former husband in willful contempt for failing to pay court ordered undifferentiated support in the amount of $188,000.00 where the contempt order does not contain a purge provision or a finding that the husband has the present ability to purge himself of the contempt. See Sosa v. Portilla, 306 So. 3d 979, 980 (Fla. 3d DCA 2020); Douglas v. Douglas, 485 So. 2d 18, 19 (Fla. 3d DCA 1986). Because we are reversing on this basis, we need not reach the former husband’s argument that the requirement that the $188,000 be paid from the entirety of his salary violates 15 U.S.C. § 1673(b) but we remind the trial court that income deduction orders must comply with section 61.1301, Florida Statutes (2021). See Garcia v. Garcia, 560 So. 2d 403, 404-05 (Fla. 3d DCA 1990).

Reversed and remanded.

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Case Details

Case Name: ALEXANDER ROBYN v. CORINA E. ROBYN
Court Name: District Court of Appeal of Florida
Date Published: Jul 21, 2021
Docket Number: 20-0669
Court Abbreviation: Fla. Dist. Ct. App.
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