ACOSTA v. ACOSTA

No. 81-292.

409 So.2d 196 (1982)

Juan E. ACOSTA, Appellant, v. Carmen DeLara ACOSTA, Appellee.

District Court of Appeal of Florida, Third District.

February 2, 1982.


Attorney(s) appearing for the Case

Cummins & Wanshel and Laurence A. Wanshel, Miami, for appellant.

Sibley, Giblin, Levenson & Glaser and Allen J. Smith, Miami Beach, for appellee.

Before HENDRY, NESBITT and FERGUSON, JJ.


PER CURIAM.

That portion of the trial court's order providing for appellant's automatic incarceration upon his failure to make future alimony and child support payments is reversed. Before the court may hold appellant in contempt for failure to comply with financial provisions of the final judgment of dissolution, the court must determine either that appellant has the ability to comply with the order and wilfully refuses to do so, or that he previously had the ability...

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