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Unformatted text preview: ISSUE If a parent is charged with contempt and put in probation with conditions, but can not comply with the issued order, should the parent be denied the opportunity to modify the support order? BRIEF ANSWER No, the parent should not be denied the opportunity to modify the support order if the court that reviewed the petition did not find him in contempt. REASONING When the parent in contempt files a petition to modify the child support order, and the court denies the petition but does not find him in contempt with the court as of that date, the parent should have the opportunity to show evidence of his financial status. A past contempt should not force the parent to continue to pay a support that he can not meet. HOLDING The respondent court was ordered to assume jurisdiction over petitioner’s application for a modification of the original child support order and to proceed in accordance with the opinion....
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This note was uploaded on 12/10/2011 for the course PARALEGAL 202 taught by Professor Dunlap during the Spring '04 term at UCSD.
- Spring '04