An interesting issue was raised recently in a Pennsylvania Superior Court case pertaining to civil contempt in a child support case. In Warmkessel v. Heffner , Eric Heffner appealed a trial court’s order refusing to give him credit for time that he served incarcerated as a result of an outstanding bench warrant against his incarceration sanction regarding his civil contempt for lack of child support payments. The Pennsylvania Superior Court held that Heffner was not entitled to credit against his incarceration sanction and affirmed the trial court’s decision.
This case pertains to Heffner’s failure to make support payments over a long period of time. In 2002, the opinion said, a child support order was entered against Heffner. Over the years following the entry of the order, Heffner repeatedly failed to pay support as ordered. On several occasions, Heffner tried to modify the support order “but then failed to appear/prosecute his petitions,” according to the opinion.
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