Contempt for Non-Payment of Support while Modification Petition Pending (Family Law Appellate Update)

FelixBaseman
FelixBaseman

Everett v. Everett (1st DCA)

Trial court granted the former wife’s eight motion for contempt against the former husband for failing to pay child support.  The former husband argued that this was improper because it had not yet ruled on his pending petition for modification of support.

The District Court affirmed the trial court’s ruling, noting that although the former husband sought modification of his support by petitions filed in 2012 and 2014, he had failed to meaningfully pursue his requests.  The District Court also made reference to the fact that the former husband’s actions were egregious (he had made only two support payments in the prior year) and the fact that his income had seemingly increased since entry of the original order.