Bellville v. Bellville

We reverse the order on appeal finding the former husband in contempt for failing to pay child support and ordering the husband to pay costs and attorney’s fees. The trial court’s order suffers from a number of procedural irregularities. Most importantly, the court ordered payment of a “purge” amount of $5,000 within 90 days and required the former husband to be incarcerated at the end of the 90-day period without giving the former husband an opportunity, prior to incarceration, to show that he had been unable to pay the purge amount. Significantly, the trial court did not expressly find that…