California Court of Appeal

A trial court order dismissing a mother's motion to have a father held in contempt for failing to pay child support for 26 months is reversed, where: 1) Code of Civil Procedure section 1218.5 clearly states that each month for which payment of child support is not made in full may be alleged as a separate count of contempt, and 2) the acts did not overlap in beginning, duration or end, they each occurred at different times, and evidence the father failed to pay child support in one month did not supply proof that he failed to pay child support in another month, so the father's repeated failures to pay child support did not constitute a continuing course of conduct that had to be charged simultaneously under Kellett v. Superior Court, 63 Cal.2d 822 (1966).

Appellate Information

• Decided 04/04/2012
• Published 04/04/2012

Judges

• Butz

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Jeffrey J. Posner