For the second time this year, Terrell Owens (hereinafter “TO”) fell behind in his child support payments to the mother of his child. TO was due in court last Tuesday on a contempt charge because he failed to make two months payment plus $10,000.
This past July, TO claimed that he could only afford to pay $2,500 per month. The Judge denied his request and he settled by paying $10,000 owed for the months of June and July in addition to payment of his ex’s attorney fees.
Additionally, TO’s ex filed a second petition for contempt in Fulton County Superior Court earlier this month requesting Owens be incarcerated for not making his August and September payments. TO, star of a VH-1 reality series, reportedly earns an estimated $666,000 a month, according to his ex’s contempt filings.
We have previously blogged about the consequences of failing to pay your child here under the Contempt section. If you fail to pay your court ordered child support payments, like TO, you can face jail time.
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.