Also known as: abilities to pay · capacity to pay · ability-to-pay principle
Written by attorneys · grounded in primary & secondary sources — see below
A factual determination whether a party possesses sufficient financial resources to comply with a court-ordered obligation or to avoid coercive sanctions for noncompliance. Courts must make an express finding on this issue before imposing incarceration in civil contempt proceedings for nonpayment of child support. Alternative procedural safeguards such as notice and an opportunity to present evidence may substitute for appointed counsel when the determination is required.
Aaron Adams appeared without counsel at a show-cause hearing after falling behind on child support payments to Amelia Amari. The court issued a finding of willful contempt and ordered twelve months of incarceration without inquiring into his current income, assets, or job prospects. Because no determination was made that Aaron had the resources to pay the arrears, the order cannot stand.
Arthur Abrams was prosecuted for criminal contempt after missing several support payments to Alice Atkins. The trial court instructed the jury that it could presume Arthur had the means to pay unless he proved otherwise. The instruction relieved the prosecution of its burden to establish ability to pay beyond a reasonable doubt.
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Albert Allen sought to marry while subject to an existing child-support judgment. The court refused permission solely because Albert had not yet paid all arrears. The refusal rested on an assumption that any parent under an order necessarily possesses the ability to pay, without examining his actual income or assets.
Amber Alonzo, an indigent class member in a securities action, received notice that she must pay a share of transcript and mailing costs to remain in the class. She could not afford the assessment. The court recognized that requiring payment from class members without means effectively denies them participation.
Amelia Amari sought to appeal a judgment that terminated her parental rights. The state required prepayment of transcript costs before the appeal could proceed. Because Amelia had no funds, the fee requirement blocked review of a judgment affecting a fundamental interest.
Aurora Biotech was found liable for an intentional tort and faced a punitive award. The jury was instructed to consider the company's financial condition when setting the amount. The instruction ensured the penalty would deter without destroying the defendant's ongoing operations.
No. The Due Process Clause does not require appointed counsel when the opposing party is unrepresented and the state supplies alternative safeguards that include notice of the importance of ability to pay, an opportunity to present evidence, and an express judicial finding on that issue.
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The prosecution must prove ability to pay beyond a reasonable doubt. A statute that presumes ability to pay or shifts the burden to the defendant violates due process.
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A defendant's ability to compensate victims without shutting down operations is one factor used to decide whether an intentional invasion is unreasonable. If compensation remains feasible, the invasion is more likely to be held unreasonable.
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When collection of a damages judgment is doubtful because of statutory caps or budget limits, damages are less adequate and specific performance becomes more appropriate.
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…are scarce, the State's courts seem to follow the general rule that child-support orders are heavily influenced by the parent's ability to pay. See H. Clark, Law of Domestic Relations 496 (1968); see also Miller v. Miller , 67 Wis. 2d 435, 227 N. W. 2d 626 (1975). A parent who is so disabled that he will never earn enough to pay…