MROZ v. FLORIDA DEPARTMENT OF REVENUE MROZ (1998)

District Court of Appeal of Florida,Fourth District.

David MROZ, Appellant, v. FLORIDA DEPARTMENT OF REVENUE, on Behalf of Lynn MROZ, Appellee.

No. 97-1753.

Decided: July 08, 1998

M. Lisa Presley, Pompano Beach, for appellant. Joseph R. Boyd and William H. Branch of Boyd, Lindsey, Williams & Branch, P.A., and Chriss Walker, Tallahassee, for appellee.

We affirm the trial court's order ratifying the report and recommendations holding appellant in contempt for non-payment of child support.

Appellant first complains that the trial court failed to afford him an indigency hearing for the appointment of counsel. However, this was a civil proceeding for which appellant was not entitled to appointed counsel. See Pompey v. Cochran, 685 So.2d 1007, 1013 (Fla. 4th DCA 1997). In addition, we do not find that the order was deficient as to the necessary findings or the requisite evidence to support those findings. Finally, we find that the trial court did not err in refusing to give appellant credit against his support obligation for payments made directly to the children or third parties as the same were not made in substantial compliance with the court's support order. See Friend v. Friend, 543 So.2d 408, 408 (Fla. 4th DCA 1989).

PER CURIAM.

DELL, WARNER and KLEIN, JJ., concur.

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