– from Lois G. in Erin, WI

Question Details:

My husband and I are going through a divorce and I think he knows he will have to pay child support. As a result of this, he quit his job right before the case and now says he cannot afford child support. Can I hold him in contempt because I know he did this just to spite me?

Family Law Attorney Response:

I think there may be an argument to be made in your particular instance.

As discussed in Roellig v. Roellig, 146 Wis.2d 652, 431 N.W.2d 759 (Ct. App. 1988), a person may be held in contempt of court for failure to pay money only where the failure to pay is willful and not the result of an inability to pay. In your situation, this could easily apply to your child support issue.

If you have any more questions, give me a call.

Dan Exner, J.D.

Family Law Attorney

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