Schwartz v. Schwartz
An individual who allegedly fails to comply with clear court orders can be held in contempt of court and ordered to pay part of the other party's attorneys' fees. The parties met in California in 2005 and married the following year. The plaintiff wife, 36, immigrated from Jamaica and works 36 hours per week as a nurse at St. Francis Hospital. The husband, 45, wants to home school the minor children. He was critical of the wife's parenting, claimed that she neglected them and requested sole custody. The husband was convicted of driving under the influence, became active in a church-based sobriety program and has been sober since 2011. The court found that the husband sometimes asked the wife to pick up the children at a location other than his home, without prior warning, and once returned the children 10 hours late. The court awarded joint custody, with primary residence with the wife. The court ordered the parties to engage in co-parenting counseling and to use OurFamilyWizard.com to communicate. The husband may not consume alcohol within 24 hours of parenting. The court ordered the husband to pay $125 per week as child support, plus $25 per week on the child support arrearage and 26 percent of work-related childcare expenses. The court ordered each party to be responsible for 50 percent of the amount owed for the marital residence, which is in foreclosure. The court awarded each party accounts and investments. The court awarded the wife the Chrysler and the husband the Cadillac. The court found the husband in contempt of court. Allegedly, he failed to place money into escrow, he did not comply with reasonable discovery requests and and he did not timely pay child support. The court ordered the husband to pay $1,200 toward the wife's attorneys' fees.