MacMahon v. Tinkham
Annotate this CaseChristopher MacMahon and Elizabeth Tinkham, who had two daughters together, divorced in 2009. McMahon was granted primary physical residence of the girls, but no child support was awarded to either party. In 2012, the district court entered a modified judgment of parental rights and responsibilities requiring Tinkham to pay child support to MacMahon. MacMahon later filed a motion for contempt, alleging that Tinkham failed to pay the ordered child support. The court ultimately denied the motion for contempt, determining that MacMahon had not met his burden of proving that Tinkham had the present ability to pay child support and was wilfully avoiding her obligation. The Supreme Court affirmed, holding that the evidence in the record was sufficient to support the court’s determination that MacMahon had not proved contempt by clear and convincing evidence.
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