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HomeMy WebLinkAbout0948 6"2p.~A IN THE CIRCUIT COURT OF T}IE V pV•3 NINETEENTN JUDICIAL CIRCUIT OF FI.ORIDA, IN AND FOR ST. LUCIE COUNTY. CASE N0. 82-759-FR-04 UEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES OF ThE STATE OF FLORIDA, etc., Petitioner, -vs- ORDER OF CONTEMPT AND INCOME DEDUCTION KELVIN JF.ROME WESLEY, Respondent. . / THIS CAUSE was heard on MARCH 7, 1983, upon [he Motion for Enforcement and Contempt previously filed herein by the Petitioner, and the Respondent having not 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, KELVIN JEROME WESLEY, is guilty 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 $500.00, amount due as of the date of hearing, and he is adjudged in contempt of this Court and it is ORDERED AND ADJUDGED that as punishment for his contempt the Respondent shall be immediately confined in the St. Lucie County Jail, Fort Pierce, Florida, for a period of 30 days. The Respondent may purge himself by paying to the Clerk of Circuit Court of this county on or before his incarceration, the sum of $500.00, plus $2.00 statutory fee. Upon the failure of the Respondent to make payment in full of the aforesaid amount, you and your duly authorized deputies are therefore and ALL AND SINGULAR THE SNERIFFS OF THE STATE 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 ORDEREll AND ADJUDGED that the Clerk of Circuit Court shall and is hereby ordered to forward said arrearage payments received from the Respondent until the i 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 addi[ion to the regular ~ support payment hereinbefore .ordered by this Court and said pay~ent shall ~ continue. Said regular support payment shall be sent 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 HPalth and Rehabilitative ~ Services shall be prima facie evidence that the above conditions have occurred. Upon receipt of this order, the employer shall goverr. himself accordingly and ~ remit payment forthwith. This income deduction order sha~l be Zn 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 prior order(s) of contempt or order(s) relating to support arrearages. Said prior s~ 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. L~icie County, Florida, on this day of April, 1983, nunc pro tunc March 7, 1983. ~ 602834 , , r2 ~ ~ ~ 19831,f~? I I P~4 3- C t: ~ ~ ~ „ ; ~ : RUPERT ~ASEN, ~ , CIR IT JUDGE ~ Copies furnished to: ; ~ ; t ~ ~ ~ All parties hereto. , ~t~ ~ ' ' ~ ~ ; ~ . . ~ ~l' i~'t. r;~`~,•t . ~ nRc~Q n ~ BOOK ch~0 PAGE J~~ ~ ~ - .r s~ - „~-,~~a~, . _ - c~".,c~~~~'t .