Metz v. Metz

ROBINSON, STEVEN D.,

Associate Judge, concurring in part and dissenting in part.

The trial judge was given a difficult assignment to be equitable and fair in light of the overwhelming evidence of Mr. Metz’s duplicity, under the table dealing and tax evasion. He committed no error in exercising his discretion except on two issues. First, I agree with the majority of the panel that before enforcing the final judgment by contempt the judge must determine again Mr. Metz’s present ability to pay his $7,005 arrearage in temporary support. Second, and here I disagree with the panel, there was not…