Evander Holyfield better pay his child support debt or he will be held in Contempt of court. According to various media outlets, Holyfield earned more than $250 million in his career. He is presently $372,000 in arrears in child support — and could end up in jail if it is not resolved soon.
In 2008, Holyfield filed bankruptcy in Fayette County, Georgia. He has been alerted that the Georgia Department of Human Services has gone to court on behalf of Holyfield’s 18-year-old daughter. It alleged he owes $372,097.40 in child support that has gone unpaid since April 2010, according to TMZ.
The Atlanta Journal-Constitution reported in 2009 that Holyfield, whose 54,000-square foot house was up for foreclosure in 2008 and 2009, has child support payments of more than $500,000 a month. He has 11 children.
At the Law Offices of David P. Schwarz, we defend clients facing contempt actions for failure to pay child support or spousal support. In order to effectively defend clients from these actions, we must show that there was a substantial inability to pay the support. This must be shown for every instance of nonpayment.
As I previously blogged about, in order to prevail in a Contempt matter here in California, the following requirements must be met:
(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.
We will work to keep you out of jail. First-time offenders are often given probation. Our attorneys will also pursue community service or CalTrans in lieu of jail. You have a right to a defense and we can help you.
Contact a Santa Ana Contempt of Court Lawyer. We are dedicated to providing our clients zealous advocacy and compassionate legal counsel. Contact our California attorneys to discuss your case.