Butler v. Butler, 80 Mich. App. 696

Summary

The Michigan Court of Appeals reviewed a contempt judgment against a parent who failed to pay child support arrearages. The court held that physical ability to work is not, by itself, sufficient to support civil contempt, but affirmed because the trial court also found that the plaintiff had failed to make a diligent effort to obtain employment and comply with the support order. The court affirmed the 30-day jail sentence suspended upon payment toward the arrearage.

Holdings

1. Physical ability to work is not, standing alone, a sufficient basis for sustaining civil contempt for failure to make child support payments. The court must inquire into whether the alleged contemnor has sufficient ability, or could acquire sufficient ability through due diligence, to comply with the support order.
2. The contempt judgment was proper because the trial court considered plaintiff's efforts to comply, found that his arthritis did not eliminate all employment opportunities, allowed additional time before sentencing, and found that plaintiff had neglected or refused to exercise due diligence to obtain the ability to pay.

Questions Presented

1. Whether a civil-contempt judgment for failure to pay child support may be sustained when the contemnor is physically able to work but the trial court must also determine whether he made a diligent effort, or reasonably endeavored, to obtain the means to comply with the support order.
2. Whether the trial court properly found plaintiff in contempt and imposed a suspended jail sentence after considering his medical condition and lack of demonstrated employment efforts.

Disposition

affirmed