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HomeMy WebLinkAbout0952 ~.~r. 5 ~ IN THR .ttCUIT COURT OF T}iE ~ ; p~ NIN~T~~NTN JUDICIAL CIRCUIT _ WV~~, OF ~LORIDA, IN AND FOR ST. ~.UCI~ C~UNTY. ~ CASE N0. 81-683-FR-04 ~ D~PARTM~NT OF H~AI.TH AND REHABII.ITATIVE ~ ~ SERV~CES OF THE STATF OF FI.ORIDA, et~., ~ Petitioner, . ~ ' - . ~ ~ --vs- ORDER OF CONTEMPT AND INCOME DEDUCTION ~ HENRY MIMS, ~ _ _ Respondent. . _ ~ - THIS CAUSE. was heard on hOVEI~IBER 29,. 1982, upon the Motion fox . Enforcement and Coatemnt previously filed h~rein by the Petitioner, and the ~ ~ Respondent having heen present in open court in person, and the PPtitioner having been present in open courC in person and represented by counsel, and the Court ~ having heard all of the testimony of~ rhe _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 anrl well advised in the ~ ~ premises, it is thereforP ~ ADJL'DGED Chat the Res ondent HENRY MIM~ is ~ p , guilty df willful contempt t of this Court for failure to comply with the lawful orders of this Court Goncerning child supporC payments in the amount of $1770.00, amount due as of the ~ date of hearing, and ~e is ad,~udged in contempt of this Court and it is ~ qRDERED ANp ADJUDGED that as punishmenc for his contempt the Respondent ~j shall be confined in the St. Lucie Ccunty.Jail, Fort Pierce, Florida, for a period ~ of~30 days, that Che sentence of contempt is suspended until NOVEMBER 30, 1982 at 1 12:00 P.M., conditionEd upon.the Respondent paying to the Clerk of ~ircuit Court ' of this county on oar before NOVEMBER 30, 1982 at 12:00 P.M., the sum of $500.00, plus $2.00 statutory fee. If the Respondent pays $5~0.00 on or before NOVEMBER ~ 30, 19f32, at 1~:00 P.M., then he shall havQ an additional thi~ty (30) days to pay the balance of $J.720.00; however, if [he Respondent does not pa; S~~Jt~.00 on or ~ before NOVEMBER 30, 19$2, at 12:00 P.M., then the entire arrearage of $1770.~0 ~ shall bec_~e due and owing. Upon the failure or the Respandent to make payment in full of the aforesaid amount on ar berore NOVEMBER 30, 1982, you and your duly authorized deputies are therefore und ALL AND SII~GULAR TNE SHERIFFS OF THE STATE OF FLORIDA are ordered to take. into custody the above-r_amed Respondent as soon as he can be found and d~liver him to the S:ieriff of St. Lucie County, Flori~a, 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 AIvTD ADJUDGED that the Clerk of Circuit Court 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 Rehabilitative - ~~~vices, Chi1d Support £nforcement Section, 1317 Wine~ood Boulevard, ~allahassee, Florida,-32304. The above arrearage payment shall be in addition to the regular , support payment~ hereinbefore ordered by this Court and said payment shall ~ ~.continue. Said regular support payment shall be sent by the-Clerk of Circuit ~ ; Gourt to the Department of I~ealth and R~habilifative Services unless a Natice has ~ b~en or is filed by the Bepartment directing said payment.to the custodial parent. Additionally, it is herehy or~ered pursuant to Chapter 82-140, Laws uf . Flarida (1982), that the employer af the Respondant shall deduct the sums herein provided on a periodic basis from the income due the Respondent and remit same, E after deducting its charge for handling, to the Court Registry. Such income , ~ deduction shall not be effective until the Respondent is delinq~ent in two (2) ; child support payments and has failed to pay all arrearages and past public ~ assistance obligations. S~rvice of this order ~n thA empl4yer by the office of ~ Child Support Enforcement of the ~lorida Department of Health and Rehabilitative Services shall be prima facis evidenc~ that ~he above conditions have occurred. ' Upon receipt of this c~rder, the employer shall govern himself accordingly and remit payment forthwith. This income deduction order shall be ir._ addition to, not ~ ~ in liFU of, all other remedies provided herein or hereafter. ~ ~ ~ ORDERED AND ADJUD~ED that this order of contempt does not annul any ; prior order(s) of contempt or order(s) relating Co support arrearages. Said prior ~ ord~rs shall remain in full force and effect until the support arrearages are paid ; { in full or until further ordeY of this C9ur~. : DONE AND ORDERED at Fort Pierce, St. Lucie County, Florida, on this ~ _ _ day of December, 1982. ~ _ ~ $~Va3~ - i ~ ~~3~ D~C. ~ Q ~ ~ - i llf!' t?;[ c: - Si.lU~li~CG~~ ~J.il.'. ~ ~ Copies furnished to: nrG:tr~;;~~i:;,5 ~ - All parties hereto. ctc~r, c~kcu;t u~ r• gQ~~QQ _p~~ - . _ i~: ~.~,r : ~ ~ Wc7 ~7c1 - - - - -