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Johnson v. Johnson

District Court of Appeal of Florida, Third District
Apr 15, 1980
382 So. 2d 427 (Fla. Dist. Ct. App. 1980)

Opinion

Nos. 79-1112, 79-1113.

April 15, 1980.

Appeal from the Circuit Court, Dade County, G. Milton Rubin, J.

Nelson Nelson and Stephen H. Nelson, Hialeah, for appellant.

Snowden, Kornreich, Reichenthal Migdall, Miami, for appellee.

Before HUBBART, SCHWARTZ and NESBITT, JJ.


The contempt order under review, which punishes the husband appellant herein for failure to pay child support arrearages due under a prior divorce decree, is reversed upon a holding that: (a) the child in question had become self-supporting at the time of the contempt hearing herein so that the husband no longer had a current obligation to support the child under the prior divorce decree, and, under such circumstances, the extraordinary remedy of contempt did not lie to enforce the payment of such child support arrearages; and (b) the only remedy in this cause to enforce the child support arrearages due and owing was an action for money judgment rather than contempt proceedings. Smith v. Morgan, 379 So.2d 1052 (Fla. 1st DCA 1980); Gersten v. Gersten, 281 So.2d 607 (Fla. 3d DCA 1973); Wilkes v. Revels, 245 So.2d 896 (Fla. 1st DCA 1970). By this ruling, the companion appeal in this case has become moot. It is, accordingly, our judgment that the contempt order appealed from is reversed and the cause remanded to the trial court with directions to vacate said order.


Summaries of

Johnson v. Johnson

District Court of Appeal of Florida, Third District
Apr 15, 1980
382 So. 2d 427 (Fla. Dist. Ct. App. 1980)
Case details for

Johnson v. Johnson

Case Details

Full title:CLINTON JOHNSON, APPELLANT, v. HAZEL JOHNSON, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Apr 15, 1980

Citations

382 So. 2d 427 (Fla. Dist. Ct. App. 1980)

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