Jail sentence was not a proper remedial sanction for violating court order regarding child’s funeral since by the time of the court proceeding, his contempt was no longer continuing, but had already been remedied. Therefore the jail sanction was punitive and not remedial.
Appellate court affirmed the trial court for not finding the ex-husband in contempt for not providing tax returns contrary to court order, finding that the failure was not intentional.
Where premarital cohabitation results in marriage, the “economic partnership” begins during the period of premarital cohabitation.
Mother found in contempt for enrolling children in a new school district without father’s consent, contrary to joint custody. Not published, but citeable.
Personal service not required for contempt since Husband had actual notice. Court appropriately found failure to make payments was intentional where he made none of the court ordered payments. (Not published, but citeable)
Contempt finding affirmed where payor lost job after failing a preliminary breath test. He chose to attend work while under the influence of alcohol so as to jeopardize his ability to earn income.
Contempt order affirmed where payor did not disclose interest in class action lawsuit and did not report a substantial change in income.
Punitive sanctions may not be applied in remedial contempt actions. Contemnor must have some ability to purge contempt. Order that defendant obtain and hold job is erroneous, since hiring defendant requires act of another, and therefore is not in defendant’s control.
Circuit court properly did reduce attorney fees in divorce action for time spent on unsuccessful claims where there was substantial success and the unsuccessful claims were pursued in good faith.
Trial court properly found that payor was not sufficiently searching for employment. Purge order to seek alternate employment was also within its discretion.
Commitment order based on affidavit from child support worker was improper. Contemnor is entitled to an opportunity to request a hearing before being committed to jail.
Court could not impose remedial contempt sanctions against the defendants after their contempt of court had ceased. Remedial sanctions are imposed to terminate a continuing contempt.
Contempt for failing to provide ex-wife with tax and income information was continuing at the time of the hearing, with the directive of Wis. State. §767,27(2m).
Contempt was appropriate where payer chose to have his employer over withhold from his wages and then apply some of the over payment to his new wife.
Court misapplied law in finding father in contempt for willful and intentional failure to pay child support where his loss of income was completely out of his control.
Remedial contempt must include purge provision even where continually failed to pay child support, despite previous contempt findings.
Deceased party cannot be held in contempt. Cause of action abates upon death.
Where voluntary reduction of support was well intended, court can still consider the reasonableness of the employment choice in light of the support obligation. As a result, arrears were result of willful disobedience.
Contempt finding for no payments whatsoever was appropriate, but purge, not a stay, is the appropriate order.
Requiring treatment for post-traumatic stress syndrome was appropriate purge order for civil contempt for repeated failure to pay child support.