Waters v. Albanese

STONE, Judge.

A former husband appeals from an order holding him in contempt for failure to pay alimony. The appellant defended on the theory that he was obligated to withhold the alimony payments pending the outcome of garnishment proceedings that had been instituted against him as a garnishee. The garnishment involved a judgment against both the appellant and the appellee. The garnishment statute, section 77.06, Florida Statutes, provides that a garnishee is liable to the creditor for all “debts” due to the debtor defendant. The appellant contends that alimony is a debt.

The trial court…