Lee v. Lee

Kenneth Lee appeals an order of the trial judge finding him in contempt for failure to pay his court-ordered-half of the mortgage payments on the former domicile of the parties.1 We affirm.

If an order to pay all or a portion of a mortgage payment is solely in the nature of a property settlement, it is not enforceable by contempt. See Hobbs v. Hobbs, 518 So.2d 439 (Fla. 1st DCA 1988); Marks v. Marks, 457 So.2d 1137 (Fla. 1st DCA 1984); Ball v. Ball, 440 So.2d 677 (Fla. 1st DCA 1983). In Ball, this court determined that it was necessary to look at the circumstances of the particular debt under…