Bennardo v. Bennardo

STONE, Judge.

We reverse the order holding appellant in civil contempt of court. The record evidence, including appellant’s proffer, establishes only that his failure to presently pay the full amount of alimony due was not willful. We accept appellant’s unrebutted proffer as true, noting that the trial court severely limited the time available for the presentation of evidence resulting in the proffer.

There is no evidence in the record refuting appellant’s proof that his income was drastically reduced by economic conditions beyond his control. His present income is less than a third of what it…