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Name: In re Ivey
Case #: B142777
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 12/19/2000
Subsequent History: None

The Court of Appeal denied this petition for a writ of habeas corpus in which the father challenged seven counts of criminal contempt of which he had been found guilty for failure to pay the mother’s pendente lite attorney and expert fees in family law court in conjunction with child support proceedings. Because the failure to pay constituting the contempt occurred shortly after the determination of the ability to pay had been made by the family law court, ability to pay was not an element of the contempt charged against the father, and the mother was not required to prove it. It was an affirmative defense the father had to raise and he did not do so. The contempt cannot therefore be aned on this issue.