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HomeMy WebLinkAbout0940 IN THE CIRCUIT COURT OF TNE 6`~281W NIN~TEENTH JUDICIAL. CIRCUIT OF FLORIAA, IN AND FOR ST. I.IICIE COUNTY. CASE N0. 82-938-FR-04 DF.PARTMENT OF HEALTH AND REHABILITATIVE SERVICES OF THE STATF OF F1.ORIDA, etc., Petitioner, -vs- ORDER OF CONTEMPT AND INCOME DEDUCTION ~ CALVIN EDWARDS, Respondent. / THIS CAUSE was heard on MARCH 7, 1983, upon the Motion for Enforcement and Contempt previously filed herein by the Petitioner, and the Respondent having been present in open court in person, and the Petitioner having been present in open court in person and represented by counsel, and the Court having heard all of the testimony of the parties, the Court finds that the Respondent had and has had the ability to comply with the order of this Court and failed to do so and the Court being otherwise fully and well advised in the premises, it is therefore ADJUDGED that the Respondent, CALVIN EDWARDS, is gu~lty of willful contempt of this Court for failure to comply with the lawful orders of this Court concerning child support payments in the amount of $625.00, amount due as of the date of hearing, and he is adjudged in contempt of this Court and it is ORDERED AND AD,TUDGED that as punishment for his contempt the Respondent shall be confined in the St. Lucie County Jail, Fort Pierce, Florida, for a period ~ of 30 days, that the sentence of contempt is suspended until MAY 1983, conditioned upon the Respondent paying to the Clerk of Circuit Court of this county on or before MAY 7, 1983, the sum of $625.00, plus $2.00 statutory fee. Upon the failure of the Respondent to make payment in full of the aforesaid amount on or before MAY 7, 1983, you and your duly authorized deputies are therefore and ALL AND SINGULAR THE SHERIFFS OF THE STATF OF FLORIDA are ordered to take into custody the above-named Respondent as soon as he can be found and deliver him to the Sheriff of St. Lucie County, Florida, for the execution of the above described judgment and sentence. The Clerk of Circuit Court and this Court shall be promptly notified of his arrest. It is further ORDERED AND ADJUDGED that the Clerk of Circuit Court shall and is hereby ordered [o forward said arrearage payments received from the Respondent until the above arrearage is paid in full to the Department of Health and Rehabilitative Services, Child Support Enforcement Section, 1317 Winewood Boulevard, Tallahassee, ' Florida, 32304. The above arrearage payment shall be in addition to the regular ~~p supporr payment hereinbefore ordered by this Court and said payment shall i continue. Said regular support payment shall be sen[ by the Clerk of Circuit Court to the Department of Health and Rehabilitative Services unless a Notice has ~ been or is filed by the Department directing said payment to the custodial parent. Additionally, it is hereby ordered pursuant to Chapter 82-140, Laws of ~ Florida (1982), that the employer of the Respondent shall deduct the sums herein provided on a periodic basis from the income due the Respondent and remit same, after deducting its charge for handling, to the Court Registry. Such income deduction shall not be effective until the Respondent is delinquent in two (2) child support payments and has failed to pay all arrearages and past public assistance obligations. Service of this order on the employer by the office of ~ ~ Child Support Enforcement of the Florida Department of Health and Rehabilitative Services shall be prima facie evidence that the above conditions have occurred. ~ Upon receipt of this order, the employer shall govern himself accordingly and ~ remit payment forthwith. This income deduction order shall be in addition to, not . in lieu of, all other remedies provided herein or hereafter. ~ ORDERED AND ADJUDGED that this order of contempt does not annul any ~ q prior order(s) of contempt or order(s) relating to support arrearages. Said prior ~ ~ orders shall remain in full force and effect until the support arrearages are paid ~ ~ in full or until further order of this Court. DONE AND ORDERED at Fort Pierce, St. Lucie County, Florida, on this ~ g~ day of April, 1983, nunc pro tunc March 7, 1983. , ~ 6U2t~26 ' ~ , , ~ ~ ~~3 ' , t I P~a ~ . - , ` ,i ~ ~ ~1i - ~ ~ ~ , - ' " , RUPF.~t~ 3ASEN 3~;~ ~CIR IT JUDGE ~ Copies furnished to: ~c:; ~ • ~ ~ ~ ~ All parties hereto. r'=*'~ ~ . ~~i~ (IKc~p n ~ 300K J~p PdCE J4O ~ . _ , ~ . ~ - - ~ r R~: