GEORGE MARTIN vs EDEL WEISS ELDEMIRE-MARTIN

West Palm Beach, FL - Divorce lawyer represented Appellant with appealing the order finding him in contempt for failure to pay lump-sum alimony.

The Former Husband appeals the circuit court's writ of bodily

attachment and order finding him in contempt for failure to pay lump-sum

alimony. We agree with the circuit court's conclusion that the Former

Husband had notice of the hearing. But because the Former Husband did

not attend the hearing, the circuit court had to satisfy the requirements of

Florida Family Law Rule of Procedure 12.615(c)(2)(B). The rule states that

if the contemnor fails to appear for the contempt hearing, then the court

shall

set a reasonable purge amount based on the individual

circumstances of the parties. The court may issue a writ of

bodily attachment and direct that, upon execution of the writ

of bodily attachment, the alleged contemnor be brought before

the court within 48 hours for a hearing on whether the alleged

contemnor has the present ability to pay support and, if so,

whether the failure to pay such support is willful.

2

Id. The circuit court set a purge amount of $621,075.00 but did not

consider whether this amount was "a reasonable purge amount based on

the individual circumstances of the parties.” See id.; see also Lowe v.

Lowe, 948 So. 2d 836, 838 (Fla. 4th 2007) (holding the purge amount was

reasonable based on the parties' individual circumstances).

As a result, we reverse the court’s writ of bodily attachment and remand for further proceedings.