Derek T. Stevens v. Yoko Tokuda

Child support: Constructive civil contempt: Present ability to comply

CSA No. 2724, Sept. Term 2011. Reported. Opinion by Woodward, J., filed Feb. 25, 2014. Appeal from Carroll County. Affirmed in part, vacated in part.

The sanction imposed by the circuit court for constructive civil contempt, under which appellant would be jailed for 179 days but given a five-day work-release furlough to seek employment and thereby lift the sanction, was impermissibly punitive; appellant had no present way of avoiding incarceration, as incarceration was a precondition of the purge provision.

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