Montanez v. Montanez, 96-05245
| Decision Date | 18 July 1997 |
| Docket Number | No. 96-05245,96-05245 |
| Citation | 697 So.2d 184 |
| Parties | 22 Fla. L. Weekly D1746 Alexander E. MONTANEZ, Appellant, v. Maryann P. MONTANEZ, Appellee. |
| Court | Florida District Court of Appeals |
Kathi B. Halvorsen, Sarasota, for Appellant.
Paulette R. Pace, Bradenton, for Appellee.
The former husband, Alexander Montanez, appeals one provision of the trial court's postdissolution order finding him in civil contempt for his willful failure to pay his portion of a joint marital debt owed to a third party and fixing a purge amount. He also seeks review of the trial court's determination that the former wife, Maryann Montanez, is entitled to an award of attorney's fees and costs relating to the enforcement of the former husband's obligation to pay the third party debt. We reverse the order of contempt as to the third party debt and deny review of the appeal as it pertains to the former wife's entitlement to fees and costs. In view of this disposition, we need not address the former husband's other contention that the trial court erred in determining that the former wife fulfilled her obligation as to payment of her share of the third party debt.
The final judgment of dissolution in this case incorporated by reference a written marital settlement agreement. One provision of that agreement obligated each party to pay a certain portion of a joint credit card debt to MasterCard and to hold the other party harmless by way of indemnification as to the portion of the debt assumed. Nothing in the agreement, however, provided that the former husband's obligation to pay his part of this debt was connected with any duty to pay the former wife spousal support. Thus, the former husband's liability under this provision arises solely from a division of property rights under a property settlement agreement. See Meadows v. Bacon, 489 So.2d 850 (Fla. 5th DCA 1986); Crea v. Willick, 473 So.2d 25 (Fla. 2d DCA 1985).
Under these circumstances, the trial court was prohibited by the well-settled law of Florida from using the power of civil contempt to compel the former husband to pay his share of this third party debt to MasterCard. See State ex rel. Cahn v. Mason, 148 Fla. 264, 4 So.2d 255 (1941) (); accord Hobbs v. Hobbs, 518 So.2d 439 (Fla. 1st DCA 1988); Meadows, 489 So.2d 850; Crea, 473 So.2d 25; Schminkey v. Schminkey, 400 So.2d 121 (Fla. 4th DCA 1981). Accordingly, we must reverse that part of the order finding the former husband to be in contempt for his failure to abide by the provision of the marital settlement agreement, incorporated into the final judgment, obligating him to pay a portion of the third party debt to MasterCard. 1
Our reversal, however, does not mean that the former wife has no other legal remedy of enforcing the former husband's obligation in the event that he does not satisfy this debt. See Crea, 473 So.2d 25 (); accord Bishop v. Bishop, 667 So.2d 246 (Fla. 1st DCA 1995). Nor does it mean that the trial court is powerless to act in enforcing its judgment. See Seng v. Seng, 590 So.2d 1120 (Fla. 5th DCA 1991) (); accord Collins v. Milazzo, 670 So.2d 1152 (Fla. 1st DCA 1996); Kennedy v. Kennedy, 638 So.2d 577 (Fla. 3d DCA 1994); Golub v. Golub, 336 So.2d...
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