HICKS v. FEIOCK

No. 86-787.

485 U.S. 624 (1988)

HICKS, DISTRICT ATTORNEY FOR COUNTY OF ORANGE, CALIFORNIA, ACTING ON BEHALF OF FEIOCK v. FEIOCK

Supreme Court of United States.

Decided April 27, 1988


Attorney(s) appearing for the Case

Michael R. Capizzi argued the cause for petitioner. With him on the briefs was Cecil Hicks, pro se.

Richard L. Schwartzberg argued the cause and filed a brief for respondent.*


JUSTICE WHITE delivered the opinion of the Court.

A parent failed to comply with a valid court order to make child support payments, and defended against subsequent contempt charges by claiming that he was financially unable to make the required payments. The trial court ruled that under state law he is presumed to remain able to comply with the terms of the prior order, and judged him to be in contempt. The state appellate...

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