23CA1507
Colo. Ct. App.Nov 14, 2024Background
- Jared Con Rogers and Mickie Lynn Rogers divorced in 2018; the magistrate ordered a division of their marital property, including an equalization payment from Wife (Mickie Rogers) to Husband (Jared Rogers).
- Wife was required to refinance the marital home and pay Husband $154,302 by January 2021; failing that, the home would be sold, but the deadline was extended, and Wife made an initial partial payment only.
- By May 2022, Wife had not paid the full amount, leaving a $109,050.75 balance; Husband moved for contempt.
- A contempt hearing was held in January 2023, where the magistrate found Wife had the present ability to pay at least $25,000 and ordered her to pay this amount as a remedial sanction to purge the contempt.
- Wife appealed, arguing the magistrate had to find she could pay the entire remaining balance, not just a portion, before holding her in contempt.
- The trial court affirmed the magistrate’s order; Wife appealed again to the Colorado Court of Appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a contempt finding requires the ability to pay full amount owed | Wife: Must have ability to pay entire balance before contempt can be found | Husband: Court can find contempt if party can pay any portion of the amount | Court: Ability to pay partial amount is sufficient for remedial contempt |
| Adequacy of evidence supporting wife's ability to pay | Wife: Insufficient evidence of ability to pay even $25,000 | Husband: Record supports ability to pay at least $25,000 | Court: Record supports finding wife could pay $25,000 |
| Compliance of appellee's brief with appellate court rules | Wife: Brief noncompliant, should be struck | Husband: Contentions understandable despite noncompliance | Court: Denied request to strike; could understand arguments |
| Appropriateness of remedial sanction imposed | Wife: Remedial sanction not justified without ability to pay full amount | Husband: Remedial sanction proper if ability exists for partial payment | Court: Remedial sanction appropriate as tailored to ability to pay |
Key Cases Cited
- In re Marriage of Hartt, 603 P.2d 970 (Colo. App. 1979) (requiring findings of present duty and ability to pay for remedial contempt)
- In re Estate of Elliott, 993 P.2d 474 (Colo. 2000) (remedial sanctions require findings on present ability to perform acts to purge contempt)
- People in Interest of Murley, 239 P.2d 706 (Colo. 1951) (discussed regarding ability to pay, but held not controlling here)
- In re Marriage of Cyr, 186 P.3d 88 (Colo. App. 2008) (contempt arising from failure to comply with court order)