Moss v. Superior Court, Ortiz, Real Party in Interest
Supreme Court of California
950 P.2d 59 (1998)
Relevant factsFree
Brent Moss (defendant) was ordered to pay child support for his two children while unemployed, and thereafter never became employed and paid nothing; his ex-wife Tamara Ortiz (plaintiff) sought to hold him in contempt, and Moss argued he lacked the ability to pay because he was unemployed. The superior court held Moss in contempt, but the court of appeal reversed, and Ortiz appealed to the California Supreme Court.
IssueFree
Whether a parent whose inability to pay court-ordered child support results from a willful failure to seek and obtain employment may be held in contempt.