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HomeMy WebLinkAbout0998 ~~6~65 IN THE CIRCUIT COURT OF T}IE NINETEENTH JUDICIAL CIRCt1IT OF FLORIDA, IN AND FOR ST. LUCIE COUNTY. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES OF THE STATE OF FLORIDA as ~ CASE N0. 82-763-FR-04 assignee and subrogee of the rights of HELEN STEAD, Petitioner, C 0 R R E C T E D ; A G R E E D -vs- ORDER OF CONTEMPT + AND INCOP:E DEDUCTION CLARENCE McDUFFIE, Respondent. / THIS CAUSE having ca~e on before the Court on Stipulation signed by the Respondent, and upon the Motion for Enforcement and Contempt filed herein by the Petitioner, and the Court having been fully and well advised in the premises, and having iound that the Respondent has had in the past and now has the financial ability to comply with the order of this Court and has failed to do so, it is therefore, ADJUDGED that the Respondent, CLARENCE McDUFFIE , is guilty of willful contemDt of this Court for failure to comply with the lawful orders of this Court concerning child support payments in the amount of $ 1,202.00** 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 confined in the St. Lucie County Jail, Fort Pierce, Florida, for a period of 5 days, that the sentence of contempt is suspended conditioned upon that commencing on February 7 , 19 86 , the Respondent shall pay to the Clerk of Circuit Court of this county the amount of $ 10.00 per week , plus statutory fee, until the above arrearage payment is fully paid in the amount uf $ 1,202.00 (amount due as of Januarv 13, 1986 . Upon failure of the Respondent to make payment in full of , the aforesaid amount pursuant to the terms of this ~rder the Petitioner shall file with ~ the Clerk of Court an Affidavit, supported by the Clerk's records and you and your duly authorized deputies are therefore and ALL AND SINGULAR THE SHERIFFS OF FLORIDA are ordered to take into custody the above-named Respondent as soan as he can be found and deliver him tu the Sheriff of St. Lucie County, Florida, for execution o: the above described ~udgement and sentence. The Clerk of Circuit Court of this County shall be promptly notified of his arrest. It is further ORDERED AND ADJUDGED the the Clerk of Circuit Gourt shall and is hereby ordered to forward said arrearage payments received from the Respondent until the above arrearage is paid in full to the Department of Health and Rehabilitaitve Service, Child Support Enforcement Section, 1317 Winewood Boulevard, Tallahassee, Florida, 32304. The above arrearage payment shall be in addition to the current support hereinbefore F ordered by this Court ar?d said current payment shall continue. Said current 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 of ~ Health and Rehabilitative Services directing said payment to the custodial parent. ~ It is further - ~ ORDERED AND ADJUDGED pursuant to Section 409.2574, Florida Statute (1983), ~ 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 tt?e Central Governmental Depository. Such income deduction shall not be 3 effective until the Respondent is delinquent in two (2) child support payaents 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 deductian order shall be - in addition to, not in lieu of, all other remedies provided herein or hereafter. It is further 3 ORDERED AND ADJUDGED that the child support payments ordered herein are - subject to further orders of this Court for income deduction pursuant [o Section 61.181, Florida Statutes (1984). Upon the payment of any support ordered herein € becoming delinquent more than thirty (30) days, the Clerk of Court shall promptly apply ~ ~ ~ **Includes a balance of $322.OG from the 2/8/84 Contempt Order. ~ ~ ~ ~ ~ aooK 4~~ PA~f ~3 ~ ~ K& ~ . . ~,.~c°~ ~i..:=~ .~.i~i.'r':-~:_: ` = t