When you go through a divorce in Florida, you may be ordered to make payments to your ex-spouse for various different reasons. While the preferred outcome is to make all payments in full and on a timely basis, it is nevertheless important to understand the difference in possible punishments for failing to pay different kinds of obligations. In one recent case in North Florida, the First District Court of Appeal threw out a finding of contempt against an ex-husband, ruling that the payment he failed to make on time was neither child support nor alimony, so he was not subject to the trial court’s contempt powers.
In this case, a couple from the Jacksonville area, S.S. (husband) and A.S. (wife), divorced, and the trial court ordered the husband to pay the wife $343 per month in child support and $200 per month from his military pension, starting on Dec. 1, 2014. On Dec. 4, the husband wrote the wife a $343 check but also expressed his intention not to pay the remaining $200. Although the husband eventually did pay the additional $200 on Dec. 22, the wife had already filed a request with the court to find the husband in contempt. The wife argued to the trial judge that she deemed the $343 check to be the $200 sum her husband owed her plus $143 of the $343 of the child support obligation. The trial judge approved of the wife’s “election” to construe the $343 sum in the fashion that she did, and the judge held the husband in contempt for failing to pay his full child support obligation on a timely basis.