Samuels v. Grossman

JOANOS, Judge.

The trial court erred in including in the November 26, 1997, order, a provision for prospective incarceration in the event appellant failed to pay the amounts ordered within the time provided, without also providing for a hearing on present ability to pay. We recognize that appellant has been the object of numerous previous contempt proceedings and findings with regard to orders to pay child support and attorney’s fees, and that the court anticipated that appellant might not pay these fees until contempt proceedings are instituted. However, this was the first time appellant had…