Butchart v. Butchart
Decision Date | 05 June 1985 |
Docket Number | No. 84-2518,84-2518 |
Citation | 10 Fla. L. Weekly 1378,469 So.2d 965 |
Parties | 10 Fla. L. Weekly 1378 Mary BUTCHART, n/k/a Mary Murray, Appellant, v. Clark BUTCHART, Appellee. |
Court | Florida District Court of Appeals |
Amy Shield Levine of Levine & Levine, Boca Raton, for appellant.
Harry D. Dennis, Jr., Pompano Beach, for appellee.
We affirm in part and reverse in part the trial court's order adjudging both parties in contempt with reference to prior court orders concerning child support and visitation. We reverse that portion of the order which permits the appellee to make monthly payments towards child support arrearages "in lieu of his regular child support" payments. The appellee should be required to keep current with his "regular" child support payments as well as being required to make reasonable payments toward the substantial arrearage he has accumulated. We also hold that the maximum number of prior payments that the trial court could refuse to enforce by contempt were those payments not made in the year immediately preceding the October 24, 1984 hearing. The appellant is also entitled to interest at the legal rate on the amount of arrearage assessed. The balance of the court's order is affirmed. Accordingly, this cause is remanded to the trial court with directions for further proceedings in accord herewith.
To continue reading
Request your trial-
Kutz v. Fankhanel
...and award are consistent with Florida law. See Applegate; Leone v. Weed, 474 So.2d 401 (Fla. 4th DCA 1985); Butchart v. Butchart, 469 So.2d 965 (Fla. 4th DCA 1985); Melvin v. Melvin, 391 So.2d 691 (Fla. 1st DCA 1980), rev. denied, 399 So.2d 1144 (Fla.1981). 1 Sec. 61.1301, Fla.Stat. (1991).......
-
Villaverde v. Villaverde, s. 88-2003
...money awarded to the wife but not transferred to her. Yohem v. Yohem, 324 So.2d 160 (Fla. 4th DCA 1975); see also Butchart v. Butchart, 469 So.2d 965 (Fla. 4th DCA 1985). Finally, we accept appellee's concession that the trial court erred in permitting the husband to claim the children as d......
-
Leone v. Weed
...husband should be required to make reasonable arrearage payments concurrent with his regular support payments. E.g., Butchart v. Butchart, 469 So.2d 965 (Fla. 4th DCA 1985). Moreover, the former husband should pay interest at the legal rate on the amount of the outstanding arrearages. Butch......
-
Shrove v. Shrove, 97-3664.
...court erred in failing to award prejudgment interest on the arrearages found to be due in the final judgment. See Butchart v. Butchart, 469 So.2d 965, 965 (Fla. 4th DCA 1985); Warner, 692 So.2d at 270; Nelson-Higdon v. Higdon, 680 So.2d 524, 524 (Fla. 1st DCA 1996); Applegate v. Applegate, ......