A judgment of dissolution filed on March 17, 1992, ordered D to pay $438 a month to support his two children. That order was modified in November 1994 to $385 per month. No payments were made from July 1994 through June 1995. A total of $5,210 was due and unpaid. D was unemployed when the order was made. The order was based on his ability to make $1,671 gross income per month. Contempt was issued, and D was put under an order to show cause and D was served and directed to appear and show why he was not guilty of contempt. Testimony was that D was basically unemployed. When asked if he was getting a job his reply was that he was trying. D's counsel thought that once D raised the defense of inability to comply the burden of proof was on Ortiz (P) to show D had the ability to comply beyond a reasonable doubt and that in compelling D to work under threat of punishment constituted involuntary servitude. P's counsel argued that D had the burden of proof. The court ruled for P and found that D was capable of work. D was found guilty of contempt. The only factual finding was that D had the ability to work. D appealed and the Court of Appeals ruled for D as forcing him to work would be involuntary servitude. This appeal resulted.

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