Sheehan v. Ryea

Defendant Dorothy Ryea appeals from the Chittenden Family Court’s judgment of civil contempt ordering her “to be incarcerated for a period of sixty (60) days, or until the sum of $2,147.88 is paid.” She argues that the court erred because she has no present ability to pay. We reverse and remand.

Defendant and two of her children reside with Dennis Girard, who earns a wage of $9.50 an hour. Her former husband, Colin Sheehan, has custody of her third child, Jessica Sheehan. Defendant is required by an October 4, 1993 child-support order to pay $178.99 per month in support of Jessica Sheehan. In…