Fourth DCA Reverses Contempt Finding

The Fourth District Court of Appeal reversed the lower tribunal’s finding of contempt today in Holtz v. Holtz.  First and foremost, the Court found error in the lower court’s use of its contempt power to enforce an equitable distribution payment.  Second, as to the finding of contempt related to payment of support, the lower court made no finding that the alleged contemnor had the present ability to pay, and had willfully refused to comply with the prior order of the court.  Each of these required reversal.