In Re Kreitman

Petitioner Greg Kreitman was convicted of 42 counts of contempt for failing to make spousal support and other payments required by a marital dissolution order. He was sentenced to 210 days in jail. In this petition for writ of habeas corpus he contends he was denied his right to a jury trial. We agree and remand the matter to the trial court with directions to resentence petitioner to a term not to exceed 180 days.

Statement of Facts

This matter arises out of the dissolution of a marriage between Greg and Karen Kreitman. The parties stipulated to judgment for dissolution, resolving all issues between them. An order of dissolution was issued in March 1993 in which petitioner was ordered to pay child support and spousal support commencing January 1, 1993. In February 1994, petitioner was found guilty of two counts of contempt for failing to make one child support and one spousal support payment. He was sentenced to 240 hours of community service.

In March 1995, Karen filed a second order to show cause, alleging 56 separate counts of contempt, based upon petitioner’s further failure to make spousal and child support payments. On June 8 petitioner appeared without an…