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Salisbury v. Salisbury

Citations: 557 So. 2d 156; 1990 Fla. App. LEXIS 965; 1990 WL 13516Docket: No. 89-476

Court: District Court of Appeal of Florida; February 14, 1990; Florida; State Appellate Court

Narrative Opinion Summary

The court affirms the trial court's order based on two findings: (1) the former husband has the current ability to meet his court-ordered financial obligations but willfully chooses not to comply, and (2) the trial court's decision to deny the former husband's request to modify his alimony and child support payments is upheld. Judges Smith and Miner concur with the decision, while Judge Zehmer dissents, providing a separate opinion.

Legal Issues Addressed

Enforcement of Financial Obligations

Application: The court held that an individual with the ability to fulfill financial obligations but who willfully chooses not to is subject to enforcement actions.

Reasoning: The court affirms the trial court's order based on two findings: (1) the former husband has the current ability to meet his court-ordered financial obligations but willfully chooses not to comply.

Modification of Alimony and Child Support

Application: The court upheld the trial court’s decision to deny the former husband’s request to modify his alimony and child support payments.

Reasoning: The court affirms the trial court's order based on two findings: (2) the trial court's decision to deny the former husband's request to modify his alimony and child support payments is upheld.