DOWNEY v. DOWNEY

No. 4D03-1238.

874 So.2d 734 (2004)

Margherita DOWNEY, Appellant, v. Robert W. DOWNEY, Appellee.

District Court of Appeal of Florida, Fourth District.

June 9, 2004.


Attorney(s) appearing for the Case

Anthony J. Natale of Anthony J. Natale, P.A., West Palm Beach, for appellant.

Ronald K. Lantz, West Palm Beach, for appellee.


STONE, J.

The trial court entered orders of contempt, commitment, and for income deduction against Margherita Downey, the former wife, for the non-payment of child support. We reverse because the trial court's finding of present ability to pay a purge conflicts with an order, entered two weeks earlier, that the former wife was insolvent.

The former wife filed a timely motion to vacate the orders, arguing that there was no evidence of her present ability to...

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