Polli v. Vina
Docket: No. 89-1855
Court: District Court of Appeal of Florida; December 11, 1989; Florida; State Appellate Court
Patricia Polli successfully appealed an order that denied her motion to hold her ex-husband, George Vina, in contempt for not paying $14,800 in court-ordered child support. Polli, who has primary physical custody of their two children, argued that Vina's failure to pay was willful, as he is a CPA earning $70,000 a year and has a lifestyle that includes expensive vacations. During the contempt hearing, Vina did not provide evidence of any circumstances beyond his control that would explain his nonpayment. The court noted that an order to pay child support creates a presumption of the payor’s ability to pay. In contempt proceedings, the burden is initially on the movant to show a default in payment, after which the burden shifts to the payor to prove lack of ability to pay due to unforeseen circumstances since the order was issued. Vina only indicated that he had reduced his working hours, which does not constitute a valid excuse for nonpayment. His failure to provide competent evidence to counter the presumption of ability to pay led to the conclusion that he should have been found in contempt. The court reversed the previous order and remanded for further proceedings consistent with this ruling.