Sonya Frances Kelly Rutledge v. Dan Kenneth Kelly

Father was found guilty of five counts of criminal contempt for his failure to pay child support and was sentenced to 50 days in jail. On appeal, Father argues the trial court failed to make the requisite finding regarding his ability to pay. We have determined that the evidence established beyond a reasonable doubt that Father did have the ability to pay the child support obligation, but that the maximum sentence is not appropriate based on the circumstances. Accordingly, we affirm the judgment of the trial court with modifications to Father’s sentence. We also award Mother attorney fees for this appeal and remand the case to the trial court for a determination of the appropriate amount.