From Casetext: Smarter Legal Research

Butchart v. Butchart

District Court of Appeal of Florida, Fourth District
Jun 5, 1985
469 So. 2d 965 (Fla. Dist. Ct. App. 1985)

Summary

holding the amount imposed to reduce child support arrearages must be reasonable

Summary of this case from Larsen v. Larsen

Opinion

No. 84-2518.

June 5, 1985.

Appeal from the Circuit Court, Palm Beach County, William C. Williams, III, J.

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.

ANSTEAD, C.J., and HERSEY and DELL, JJ., concur.


Summaries of

Butchart v. Butchart

District Court of Appeal of Florida, Fourth District
Jun 5, 1985
469 So. 2d 965 (Fla. Dist. Ct. App. 1985)

holding the amount imposed to reduce child support arrearages must be reasonable

Summary of this case from Larsen v. Larsen
Case details for

Butchart v. Butchart

Case Details

Full title:MARY BUTCHART, N/K/A MARY MURRAY, APPELLANT, v. CLARK BUTCHART, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 5, 1985

Citations

469 So. 2d 965 (Fla. Dist. Ct. App. 1985)

Citing Cases

Wieland v. Wieland

The trial court erroneously failed to award interest to the appellant on the child support arrearages. See…

Villaverde v. Villaverde

The trial court announced that this potential liability did not affect its distribution of the marital…