Attorney Marc A. Scaringi Wins Three Attorney's Fees Awards in the Same Case!

In this case, in response to a Petition for Contempt filed by Attorney Marc A. Scaringi the Court found Father in Contempt of Court for removing the children from school, relocating with the children two hours away and refusing to take the children to their extracurricular activities – all over the objection of Mother and in violation of the Custody Order. Further, the Court had awarded Mother the attorney’s fees and costs she had incurred in pursuing the contempt petition on those three issues. Father failed or refused to pay the attorney’s fees. So, Attorney Scaringi filed another Petition for Contempt, and the Court found Father in contempt again and awarded an additional amount of attorney’s fees and gave Father a monthly payment plan.

Father made two payments each less than required and then ceased payments. Attorney Scaringi filed a third Petition for Contempt. This time Father, through counsel, defended himself by arguing that he does not have the ability to pay because he is currently unemployed. However, Attorney Scaringi successfully argued to the Court that Father should be found in contempt despite his claims that he is not able to pay. Father had notice of the Order, Father’s act of underpayment and non-payment was volitional. i.e., it was his decision or choice, and he acted with substantial certainty that he would be violating the Order.

The Judge found Father in contempt a third time and ordered him to pay another amount of attorney’s fees and costs, in addition to what he already owed, and sentenced him to 72 hours in prison with a purge amount of $300.00, which is a very small amount considering the total amount of attorney’s fees owed. In short, Father has 30 days to pay $300.00 otherwise he shall report to the county prison for 72 hours. Further, if Father misses any of his monthly payments, he will subject himself to another contempt petition. The Court has the power to sentence Father to up to six months in prison for contempt of court.

Let’s see if the threat of prison is sufficient incentive for Father to make at least a small payment on the amount of attorney’s fees he owes Mother for his repeated contemptuous conduct.

If you have any questions or concerns about custody law, do not hesitate to contact Scaringi Law at 717-657-7770.