Last week, former NBA star, Dennis Rodman, escaped from being sent to 20 days of jail time as his ex-wife, Michelle Rodman, filed Contempt papers stating that Rodman be held in contempt of court and sent to jail due to his failure to pay spousal support and child support.
As set forth in court documents, through March 1, 2012 Rodman, 50, owed $808,935 in back child support for the 9- and 10-year-old children that he had with Michelle Rodman.
Rodman also owed $51,441 through March 1 in back spousal support, as set forth in court documents.
Michelle Rodman, identified in court papers as a Costa Mesa resident, is also requesting attorneys' fees.
Dennis Rodman's attorney, stated in court documents that Rodman is barely capable of paying for his living expenses, let alone the $5,000 he owes for one child from another marriage.
From an Orange County divorce lawyer's perspective, in order to prevail in a Contempt matter here in California, the following requirements must be met to prevail in a Contempt action:
(1) There must be a valid order;
(2) The citee must have knowledge of the order;
(3) The court must find that the citee had the ability to comply with the order;
(4) To be held in contempt, the accused party must have willfully disobeyed the order.
Pursuant to CCP section 1218(c), a citee who is found in contempt of court for failure to comply with a court order under the Family Code must at minimum, be sentenced to the following:
(1) On a first finding of contempt, performance of community service of up to 120 hours or imprisonment of up to 120 hours for each count.
(2) On a second finding of contempt, performance of community service of up to 120 hours, and imprisonment of up to 120 hours, for each count.
The court must take also take the parties' employment schedules into consideration when ordering community service, imprisonment or both.
For more information about filing for Contempt in Orange County, contact an Orange County family law lawyer for more information.