In re Ivey
California Court of Appeal
102 Cal. Rptr. 2d 447 (2000)
After the trial court found high-income earner Artis Ivey (defendant) able to pay substantial attorney and expert fee orders to Shelita Washington (plaintiff) in their child custody and support proceeding — with Ivey's attorney present when the orders issued — Ivey failed to make the ordered payments and instead transferred a large sum out of his bank account after the orders were entered. Washington filed a contempt petition alleging seven counts, and after Ivey made only partial payment, the trial court found him guilty of all seven counts and sentenced him to jail, suspended except for three days pending future compliance.
Is inability to pay a family law order for support or attorney fees an affirmative defense to contempt when the trial court has already determined ability to pay?