Bushman

In a divorce action between Ted and Soma Bushman, attorneys practicing in Santa Maria, orders pendente lite were made providing for spousal and child support for three children, the oldest child .being eight, of their marriage, requiring Ted to pay $50 per month for the support of each child and directing him if he elected, to occupy certain community premises which he elected to and did occupy, to pay monthly installments of $256.61 on a mortgage which encumbered the community premises.

On January 26, 1973, after a full hearing, the trial court on evidence substantial in all respects, judged Ted to be in contempt for nine separate violations: five for failure to make the child support payments and four for failure to make the mortgage payments. The court found that: Ted was in court on the day the respective orders were made; he had specific knowledge of their context; the orders had been personally served on him; he had the ability to pay on the occasion of each of the nine separate defaults and in respect of each wilfully failed to comply. Failure to comply is not in dispute. The trial court said: “The Court can only conclude that the respondent does not wish to obey…