The appellant appealed the dismissal of her motion to find the respondent in contempt of court for failing to direct his pension to the Family Responsibility Office for child support arrears.
The motion judge found it impossible to determine if the respondent had failed to direct the payment, and concluded the order was a payment order not enforceable by contempt.
The Superior Court dismissed the appeal, finding that the appellant failed to prove beyond a reasonable doubt that the respondent wilfully breached the clear terms of the order, despite his reprehensible conduct in cashing out the pension.
