FAMILY LAW
Case Law Update
February 13, 2013
There was not much to report this week.
The First case of Anton v. Anton, 38 FLW D230a held that a court cannot hold a husband in direct criminal contempt, i.e., incarcerate him, unless the court previously entered a show cause hearing or the contempt Motion specifically listed incarceration as a potential remedy for the contempt. In this Third DCA case, which is only a paragraph long, we don’t get much in the way of facts. The Wife had filed several contempt motions and the trial court sentenced the Husband after he admitted violating the court’s order, but the DCA found it error and the court’s finding for indirect criminal contempt was reversed without prejudice.
The Second case Boese v. Boease, 38 FLW D264a The Husband appealed a final judgment where the language in the final judgment conflicted with the parenting plan with regard to payment of uncovered medical expenses. The court indicated, without explanation, that the parenting plan inadvertently required the Husband to pay for all uncovered medical costs. The DCA remanded to amend the parenting plan to match the language of the final judgment requiring the parties to share uncovered medical expenses on a pro rata basis.
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