Contempt for failure to pay child support

It is error for a Judge to require the payee Mother to prove that the Payor Father has the ability to pay child support. A Final Judgment of support creates a presumption of the ability to pay child support and purge himself of any subsequent contempt. The Father had the burden of proving that he lacked the ability to pay and because he failed to show up in court the Mother was entitled to collect back child support, prejudgment interest for all arrearages from the intial date that the former husband owed unpaid child support. See Hernandez v. Frontiero 36 FLW D 2427a