August 2016 | No. E2015-01438-COA-R3-JV (Tenn. Ct. App. 2016)

State v. Waldo (Tennessee 2016)

A parent must have the present ability to pay child support before he or she can be found in civil contempt for non-payment. The future ability to pay is not enough. The contempt order in this case also sentenced the parent to jail but suspended the sentence as long as the parent made a minimum child support payment. A suspended sentence for an action that may lead to a contempt finding in the future is not permissible.

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