Moss v. Superior Court

KENNARD, J., Concurring and Dissenting.

I concur in the majority opinion except as to the disposition. The majority holds, and I agree, that a parent may not avoid criminal contempt sanctions for violating a child support order by asserting the defense of financial inability to comply with the order if that inability results from the parent’s unexcused failure to seek or accept suitable employment. (Maj. opn., ante, at p. 401.) But the majority declines to apply this holding to Brent Moss, the alleged contemner in this case, stating that the decision “may reasonably be seen as both an…