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HomeMy WebLinkAbout0973 i - ~ IN TH~: . .RCUIT COURi OF 'IHF, t~p NINETEENTH JUI~ICIAI. CIRCUIT ; ~t~~50 ~)F FI.ORIDA~ IN ANA ~'OR ~ ,~T. I.UCir: COUNTY. CI,; E N0. 80--295-FR-04 D~PARTMcNT OF HEALTH AN13 REHABILITATIV~ : SERVIC~S OF THE STATE aF FLORIAA~ etc., ~ Petitioner, ~ ~ -vs- ORDER OF CONTEMPT ~ ~ AND INCOMF DEDUCTION TERRY LEE SMITH, . Respondent. ~ / THIS CAUSE was heard on NOVEMBFR 29, 1982, upon the t~iotion for Enforcement and Contempt previously filed herein by the Petitioner, and the Respondent having been preseist in open court in ~~rson, 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 par~ies, the Court finds that the ~ Respondent h~d and has had the ability to comply wir.h the order of thi~ Court and ~ ; ~ failed to do so and the Court being otherwise fully and well advised i~ the premises, it is therefore ~ . ~ ; ADJODGED that the Respondent, TERRY LEE SMITFi, is guilty of willful ~ i contempt of this Court for failure to comply with the lawful orders of this Court concerning child su~iport payments in the amount of $1120.00, amount due as of the ~ . date of hearing, and he is ad3udged in contempt of this Caurt and it is ' ORDERED AND ADJUDGED that as punishment for his contempt the Respondent ' shall be confined in the St. Lucie Count} Jail, Fort Pierce, Florida, for a period ~ of 45 days, that the sQntence of contem~t is suspended until DECFMBER 29, 1982,~ ` conditioned upon the Respondent paying to the Clerk o€ Circuit Court of this_ ~ county on or before DEC~MBER 29, 1982, the sum of $373.33, plus $2.00 statutory ~ fee. If the Respondent pays $373.33 on or bef~re DECEMBER 23, 1982, then he shall have an additional thirty (30) days to pay $373.33 and so on and so forth until the entire arrearage is paid in full; howevex, if the Respondent does not pay ~ $373.33 on or before DECEMBEF 29, 1982t then ~he entire arrearage of 5920.00 shall becomE due and owing.Upon the failure of the Respondent to make payment in full of ! the atoresaid amount on or before DLCEMBER 29, 1982, you and your duly authorized ~ ~ deputies are therefore and ~ ~ ~ ALL AND SINGULAR THE SHERIFFS OF THE STATE OF FLORIDA are ordered to ~ take into custody the above-named Respnndent as soon as he can be found and ' deliver him to the 3heriff of St. Lucie County,-Florida, for the execution of the ; above described judgment and sentence. The Cl.erk of Circuit Court and this Court ~ shall be promptly notified of his arrest. It is further - ~ ORDERED AND A~JUDGED ~hat the Clerk of Circuit Court shall and is hereby ordered to forward said arrearage payments receivQd from the Respondent utitil the _ ~bove arrearage is paid in full to tt?e Degartment of Health and Re~iahilitative ~ Services, Child Support Enforcement Section, 1317 Winewood Boulevard, Tallahassee, Florida, 32304. The above arrearage pa_yment shall be in~addition to the regular ' support payment hereinbefore ordered by this Cour~ and said. paymPnt sha1.L ~ continue. Said regular supFort Fayment shall be sent by the Clerk of Circuit ~j Court [o the Departnent of Health and Rehabilitat~ive S~rvices unless a Notice has been or is filed by the Department directing sai~i payment to the custo~ial parent. Additionally, it is l:ereby ordered p~xrsuant to Chapter $2-140, Laws of ~ Florida (1982), that the empZayer of the Itespondent 4ha1~ deduct the sums herein ~ provided on a periodic basis from the income due the Res~ondent an~ remit same, after deducting its charge for handling, to the Court Registry. Such income = deduction ahall 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 b;~ the office of ~ Child Support Enforce~ent of the Florida Department of Health and Rehabilitative ; Services shall be prima facie ~vidence that the above conditions hav~ occurred. ` Upon receipt of -this order,.the employer sha11 govern himself accardingly and - ~ remiC paymen~ forthwith. This income deduction order shall be~in addition to, not , _ ~ ir. lieu of, al.l other remedies provided herein ar hereafter. ~ ~ORDERED AND ADJUDGED th~t this o:der of contempt does not annul any prior order(s) of centempt or drder(s) relating Co support arrearages. Said prior ~ ordprs shall rema~n in full force and effect until the support arrearages are paid ~ t in fu11 or~until further order of this Court. ~ ~ DONE AND ORUERED aC Fort Pierce, St. Lucie County, Fla~ida, on this ~ ~ day of December, 1982._ - ~ aJ~t70V~lo ; : ~ F ~ eEC ~ o a~ sq . ~ Copies furnished to• s+~.`~ R!~C ~t«''~'i ~ ' All arties hereto. ~ i ~ A. P I+t~Gf R F'GI ~ f~ %.S ~ 3~9 974 ~ c~EnK ci~c=~it ccc;; 30'JK f ~ - ~