981 So. 2d 1252

William L. WILBUR, III, Appellant, v. Rosalie M. WILBUR, n/k/a Rosalie M. Martin, Appellee.

No. 2D07-2996.

District Court of Appeal of Florida, Second District.

May 16, 2008.

Douglas M. Buchwalter, Clearwater, for Appellant.

William A. Borja, Clearwater, for Appel-lee.

ALTENBERND, Judge.

William Wilbur appeals an order in a postdissolution proceeding that holds him in civil contempt for willful failure to pay support payments to his former wife, Rosalie M. Martin. We affirm the trial court’s finding that Mr. Wilbur owed Ms. Martin $61,806.80 at the time the contempt order was entered and that he owned real estate with sufficient accessible equity to give him the ability to pay this amount as a purge. Under the circumstances presented, the undisputed fact that the real estate from which he might obtain an equity loan to satisfy his obligation is homestead does not protect Mr. Wilbur as a matter of law from this obligation. See Gepfrich v. Gepfrich, 582 So.2d 743 (Fla. 4th DCA 1991).1 To the extent Mr. Wil*1253bur expresses concern on appeal that he may be unable to procure such a loan despite his best efforts, we note that the order on appeal contains the language required by Family Law Rule of Procedure 12.615(e). If a writ of bodily attachment were to issue based upon Mr. Wilbur’s failure to pay the purge, it would require a hearing within forty-eight hours at which evidence in this regard could be presented.2

Affirmed.

STRINGER and DAVIS, JJ., concur.

Wilbur v. Wilbur
981 So. 2d 1252

Case Details

Name
Wilbur v. Wilbur
Decision Date
May 16, 2008
Citations

981 So. 2d 1252

Jurisdiction
Florida

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