CALIFORNIA FAMILY LAW
...Enforcement
......Contempt
.........Elements of Contempt
............Ability/Willful Failure to Comply
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Ability to comply/willful failure to comply.

Paying spouse may be held in contempt despite no earnings, where s/he has assets from which support could be paid.

Willful failure to comply with an order of the court constitutes contempt.

Where ability to pay has already been determined by F/L ct. in making the order underlying the contempt, ability to pay is not an element of the contempt, but rather inability to pay is an affirmative defense.

Ability to pay held not an element of contempt, but an affirmative defense to be raised by citee.

All elements of contempt must be proved beyond reasonable doubt, court cannot rely on inferences or presumptions.

For finding of contempt of visitation order, there must be evidence that parent had ability to control minor who refused visit.

Contempt will not lie where H has ability to work, but refuses to do so.

Inability to pay all of support ordered does not excuse failure to make partial payments if obligor has ability to make partial payments.

Specific violation of terms of court order must occur for contempt to lie.

Court made finding of ability to pay support on evidence that parties stipulated to support order 2 years earlier and that H continued to be active in practice of law.

Ability to pay at time contempt committed is the issue, not ability to pay at time of contempt hearing.

Removal of children from state was willful violation of alternate weekend visitation order even though court order did not forbid removal from state.

Parent’s ability and/or willful failure to comply with c/s order.