Contempt: Establishing Ability to Pay
Published for On the Civil Side on May 08, 2015.
In my last post, No Default Judgment in Contempt, I wrote about the requirement that all contempt orders contain the conclusion that respondent acted willfully when committing the act that is the basis for contempt. Of course, that conclusion must be supported by findings of fact, which in turn must be based on evidence.
So what findings are sufficient to support the required conclusion when contempt is based on the failure to pay money, such as child support?
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