Office of Child Support Ex Rel. Stanzione v. Stanzione

Johnson, J.,

¶ 29. dissenting. I join in Justice Dooley’s dissent insofar as it demonstrates that the magistrate’s determination regarding mother’s ability to pay the child support arrearage was clearly erroneous. Even if we were to accept mother’s share of the community’s tax obligations as the amount of mother’s income, it was insufficient to pay the outstanding arrearage. The license suspension did nothing to further the pur*638pose of compelling payment. Indeed, OCS did not expect it to result in payment. As we discussed in Lambert v. Beede, the enforcement scheme for child support orders is civil, not criminal. 2003 VT 75, 175 Vt. 610, 830 A.2d 133 (mem). As such, civil sanctions aim to compel compliance rather than to punish those in contempt. Therefore, the magistrate’s order must be supported by a finding of ability to pay before sanctions may be imposed; otherwise, the sanction is purely punitive. Because the magistrate’s finding is not supported by the evidence, the lower court’s decision must be reversed under Lambert v. Beede without further analysis of mother’s ability to work outside of her community. I would reverse on this ground.

Motion for reargument denied October 24,2006.