In Re Ivey

Opinion

GRIGNON, Acting P. J.

In a child custody and support proceeding, a father was found to be in contempt of orders to pay the mother’s pendente lite attorney and expert fees. He filed a petition for writ of habeas corpus, contending the family law court had improperly utilized mandatory presumptions, relating to the elements of knowledge and ability to pay, to find him guilty of criminal contempt. We conclude that, where ability to pay has already been determined by the family law court in ¡making the order underlying the contempt, ability to pay is not an element of the contempt, but…