August 2016 | No. M2015-01318-COA-R3-CV (Tenn. Ct. App. 2016)
Brown v. Brown (Tennessee 2016)
In order to find a parent in criminal contempt of court for failure to pay child support, a petitioner must prove beyond a reasonable doubt that the parent had the ability to pay the support when it was due and that the failure to pay support was willful. In this case, the Court found that the father had an income sufficient to pay the support and that he willfully chose not to pay because he was unhappy with his obligation.
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