Peterson v. Peterson

HALL, Judge.

Rick Allen Peterson appeals from the second amended order which finds him to be $17,213 in arrears in child support payments and adjudicates him to be in contempt of court. We agree with the appellant’s argument that the trial court erred in sentencing him to ninety days in the county jail for failure to pay the purge amount.

An order or judgment directing a party to pay child support creates a presumption that the party has the ability to make the support payments. In a civil contempt proceeding for failure to pay child support, a trial court must evaluate the evidence to…