|
Please Help!
Goldpheonix,
Did you submit any evidence indicating you could not make the payments? If so, I believe you have an excellent shot for an appeal.
I have been doing some research for a guy here in South Carolina who is preparing for the likely charge of contempt of court for failure to pay child support. He simply cannot afford it.
Check out the following cites I found, I am sure you can find similar cites and cases in your state.
<<<<<<<<<<<<<<<<<< CITES >>>>>>>>>>>>>>>>>>
Where the contemnor is unable, without fault on his part, to obey an order of the court, he is not to be held in contempt. Jackson v. Jackson, 241 S.C. 1, 126 S.E.2d 855 (1962).
Once the moving party makes out a prima facie case of default in payment, the burden is on the party against whom a contempt citation is sought to show his inability to comply. Re**** v. Re****, 266 S.C. 241, 222 S.E.2d 758 (1976).
Judgment of contempt should be imposed sparingly. Determination of the issue is within the trial court's discretion. Id. Yet, the trial court's refusal to hold a party in contempt may be reversed where the holding is based on a finding that is without evidentiary support. Bearden v. Bearden, 272 S.C. 378, 252 S.E.2d 128 (1979).
[D]ecreases in child support must be based upon evidentiary findings showing a change of condition at the time the modification is ordered." Herring v. Herring, 286 S.C. 447, 453, 335 S.E.2d 366, 369 (1985). Neither the appealed order nor the earlier orders purporting to relieve Mr. Williams from paying the amount of child support previously required contain any findings of a change of condition. See Family Court Rule 27(C) (an order of the Family Court "shall set forth the salient facts upon which the order is granted. . . .").
"The power to punish for contempt is inherent in all courts and is essential to preservation of order in judicial proceedings." In re Brown, 333 S.C. 414, 420, 511 S.E.2d 351, 355 (1998).
Contempt results from the willful disobedience of a court order, and before a court may find a person in contempt, the record must clearly and specifically reflect the contemptuous conduct. Henderson v. Henderson, 298 S.C. 190, 197, 379 S.E.2d 125, 129 (1989).
A willful act is one which is "done voluntarily and intentionally with the specific intent to do something the law forbids, or with the specific intent to fail to do something the law requires to be done; that is to say, with bad purpose either to disobey or disregard the law." Spartanburg County Dept of Soc. Servs. v. Padgett, 296 S.C. 79, 82-83, 370 S.E.2d 872, 874 (1988).
"In a proceeding for contempt for violation of a court order, the moving party must show the existence of the order, and the facts establishing the respondent's noncompliance." Brasington v. Shannon, 288 S.C. 183, 184, 341 S.E.2d 130, 131 (1986).
Once the moving party has made out a prima facie case, the burden then shifts to the respondent to establish his or her defense and inability to comply with the order. Henderson, 298 S.C. at 197, 379 S.E.2d at 129.
A determination of contempt is within the sound discretion of the trial judge, but his decision will be reversed when the finding is without evidentiary support or there is an abuse of discretion. Wilson v. Walker, 340 S.C. 531, 538, 532 S.E.2d 19, 22 (Ct. App. 2000).
__________________
When a statute, code, or court holding changes tomorrow, does reality change? Does truth change? Does right and wrong change?
If so, there are no absolutes, and the only logical conclusion is that reality, truth, and right and wrong are determined arbitrarily on a daily basis by those with the most power, guns, and money, and the rest of us can choose to run, fight, or be their slaves.
|
