Third District Court of Appeal
State of Florida
Opinion filed July 21, 2021.
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No. 3D20-0669
Lower Tribunal No. 11-25407
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Alexander Robyn,
Appellant,
vs.
Corina E. Robyn,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Marcia Del
Rey, Judge.
Abramowitz and Associates, and Evan L. Abramowitz, for appellant.
Davis Smith & Jean, LLC, and Sonja A. Jean and Laura Davis Smith,
for appellee.
Before FERNANDEZ, C.J., and GORDO and LOBREE, JJ.
CONFESSION OF ERROR
PER CURIAM.
The former wife properly concedes that the trial court erred in finding
the former husband in willful contempt for failing to pay court ordered
undifferentiated support in the amount of $188,000.00 where the contempt
order does not contain a purge provision or a finding that the husband has
the present ability to purge himself of the contempt. See Sosa v. Portilla,
306 So. 3d 979, 980 (Fla. 3d DCA 2020); Douglas v. Douglas,
485 So. 2d
18, 19 (Fla. 3d DCA 1986). Because we are reversing on this basis, we need
not reach the former husband’s argument that the requirement that the
$188,000 be paid from the entirety of his salary violates 15 U.S.C. § 1673(b)
but we remind the trial court that income deduction orders must comply with
section 61.1301, Florida Statutes (2021). See Garcia v. Garcia,
560 So. 2d
403, 404-05 (Fla. 3d DCA 1990).
Reversed and remanded.
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