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HomeMy WebLinkAbout0964 i IN THE C1RCUIT COURT (1F THE 3 ~ !1NETf:F.NTH JlI~1C1A1. CIRCUIT ~ ~F F(.OR1 DA, IN ANU FOR ` ST . I.UC I E COUNTY . ; 11 l ~ ; UEYARTMl:NT l)F HEe1LTti r1Nl) hF:11ABll.l1'AT1V1: I:ASE Nl). 77~ SERVICES OF THF. STATF. l)F FLOR1nA, t tc. , Petitioner, ti_ ORDFR ~F C()NTE`tl'T 1 C~ ~~c / AND INCt)~!E DF.DUCTl~h R aCJ S i~f4r Respondent. / i THIS CAUSE was heard on ~~--T 3 19 and upon the Motion for . Enforcement and Contempt filed herein by the Petitioner, and the Respondent having not been presanC in open court in person, and the Petitioner having been present in ; open court in person and represented hy counsel, and the Court having heard all the testimony of the parties, the Court finds that the Respondent had and has had the ability t~ complv with th~ c~rd~r ~f thiti Crnir[ an~i I:~iled tc~ ~In ~n~l thc~ C~urt bcink; otherwise fully and well advised in the pr ises, i is theref re AD,TUDGED that the Respondent, ~~P..r't~c R~ _~~'kak S~y, is guilty of willful contempt of this Court for failure to c.~mply with the lawEul orders of this Court concerning child support payments in the amount of 7o„f'~o v, amount due as of the date of [he hearing, and he is adjudged in con[empt of this Court and it is ORDERED AND AD.TiTDGED that as punishment f~r his contempt the Respondent shall be immediately confined in tlie St. T.LClE Countv Jail, Fort Pierce , Florida, for a period of 3c7 days, that the Respondent mav purge himself b~• paving to the Clerk of Circuit Court of this coun[y on nr befc,re his : carcerati~n, Lhe sum of $ Soc~. o~ , plus $2.00 statutory fee. Upon failur~ c~f the fte~pondent tc? r~ake payment ' in full of the aroresaid am~~unt, you and vour c?u1~~ auth~rized deputie~ are ti~erefore ~ ~ and ~ :'..1, r1NU Sl";(:!'1:1i? ':'Eil? :iii~;i~ii'i :'i~ I~~.~lf:ii r', :~r~ ~~rcl~ z-ed t;~ t:ikc inlo cus[ody [he above-named Respondent as ~„e-~n :~s hr c,3n hc t~~~~r~i nr:~i :j~l i~~~•r him tc, the Sher-i f f ~t St. Lucie Ccuntv, Florica, for exe~~uti~,n ot ti:e <~b~r,:e :~escribed judgement and sentence. The Clerk of Circuit :;ourt ~fn~ this C~>urt shall be j~?-ur~pCly ne~tified of his arrest. It is further ORDERED r1I~D AD.IL'DGED that the Clerk ~f ('ircuit Court shall and is hereby ~rdered ta for~.~ard s.~ici ~rr^rirage pav~~~~nts recci~~~~~f frc~m t}ie Kes~~ndent until the ahovc arrear~ge is paid in full to th~ Department of F{ealth and Reliabilitative Services, Child Support Enforcer~ent Section, 1317 ~,'inewood Boulevard, Tallahassee, Florida, 32304. The above arrearage pa_yr~ent shall be in addition to the re~;ular suppor[ herein before ordered by this Co~irt and said payment shall continue. Said reRular support paymen[ shall be sent by the Clerk of Circuit ~:ourt to the Department of Health and ! Rehabilitative Services untess a'3otice ha~ heen ~r is filed by the ~epartment of f Healtti and Rehabilitative Services directing said pavment to the custodial parent. ~ Additionall_y, it is hereby ordered pursuant to Chapter R2-14~, Laws of Florida (1982), that the eraployer of the Respondent shall deduct the sums herein ~ provided on a periodic basis from the income due ttie Respondent and remit same, after € deducting its charge for tiandling, to the Court RegiGtrv. Such income deduction shall ~ not be effective until the Respondent is delinquent in two (2) child supnort payments ~ and has failed to pay alI arrearages and past public assistance obligations. Service ~ of this order on the emplo_yer b_y the Office of Child Support Enforcement of the Florida i Department of Health and Rehabilita[ive Services shall be prima facie evidence that the ~ above conditions have occurrec~. Upon receipt of thi~ order, the employer shall govern " himself accordingly and remit payment forthwith. This income deduction order shall be i ` in additi~n to, not in lieu of, all other remedies provided lierein or hereafter. ~ Additionally, it is hereby ordered pursuant to Section 443.051, Florida ~ Statutes (1982 Supp.) and Section 462(e) of Title I~'-D of the Social Security Act that ; the Department of Labor and Employment Security shall deduct and withhold from the ~ t~nemployment Compensation otherwise payable to the Respondent 5f~% of thc Unemployment Compensation or the amount of child support as ordere:! above whichever equals the greater amount but does net esceed the court ordered support amoutit. This Unemployment Compensation deduction order shall be in au~diti~n to, not in lieu of, all other remedies provided herein or herearter, lt is further ORDF.RED AI3I) AD.IIiDGF.D that this order ~~f c~ntempt cioes not annul .~n~ prior order(s) of contempt or orde.r(s) relating to support arreara~es. Said prior orders shall remain in full force and effect until the su~port arreara~es are paid in full or until further order of this court. ~ NE AND ORDERE at Fort Pierc , St. Lucie Countv, Florida on ~ this y °f , 19 ~ ~ ~ 6~'~`7'45 ~ ~ ~ 23 P 2 :54 __:j CHARLF.' E. SM1 H, CIRCUIT JUD E FILEL' N;' : ROGER r,. Copies f;.irnished to: Sj, LUC~E ' ~ ~ ~3 All parties hereto. _ k~. ~ ~ "~~~s.e~ 3 r~~A"~`T,,,-~,~".--~+.s„~r'. _ . _ _ . _ _ _ '