Id. at 38-39, ¶¶ 165-168. Doc. 42 at 38-39, ¶ 166, citing State v. Voorhies, 45, 864 (La.App. 2d Cir. 12/15/10), 56 So.3d 1028, citing Swan v. Swan, 35, 393 (La.App. 2 Cir. 12/7/01), 803 So.2d 372; Fontana v. Fontana, 15122 (La.App. 2 Cir. 01/17/83), 426 So.2d 351. Id. at 39, ¶ 167, citing Doc. 14-1 at 12.

See, e.g., Hatch v. Wagner, 590 P.2d 973, 976 (Colo.Ct.App. 1978) (approving of the trial court's decision to take judicial notice of a stipulation between the parties on record); Perry v. Schaumann, 716 P.2d 1368, 1371 (Idaho Ct.App. 1986) (holding that it would have been appropriate for the trial court to take judicial notice of a stipulation between the parties filed with that court); In re A.S., 752 P.2d 705, 709 (Kan. 1988) (approving the trial court's decision to take judicial notice of the court file); Riche v. Riche, 784 P.2d 465, 468 (Utah Ct.App. 1989) (noting that "[c]ourts may take judicial notice of the records and prior proceedings in the same case" (citations omitted)); State v. Blow, 602 A.2d 552, 557 (Vt. 1991) (approving the trial court's decision to take judicial notice of the date of the defendant's arraignment on two of the charges before it); Fontana v. Fontana, 426 So.2d 351, 355 (La.Ct.App.) (approving the trial court's decision to take judicial notice of its own judgment on record in the same case), cert. denied, 433 So.2d 150 (La. 1983). Similarly, this court has held that "an appellate court may [,] in its discretion, take judicial notice of files or records of a case on appeal."

A contempt proceeding ancillary to a civil proceeding assumes the quality of a criminal or quasi-criminal proceeding only after a criminal sentence is imposed. Id.; Fontana v. Fontana, 426 So.2d 351 (La.App. 2 Cir. 1983), writ denied, 433 So.2d 150 (La. 1983). When a determinate sentence is rendered without setting conditions for the contemnor to avoid the sentence imposed or purge himself of it, the punishment is criminal in nature and cannot be imposed unless federal constitutional protections are applied in the contempt proceeding.

A contempt proceeding ancillary to a civil proceeding assumes the quality of a criminal or quasi-criminal proceeding only after a criminal sentence is imposed. Swan v. Swan, 35,393 (La. App. 2 Cir. 12/7/01), 803 So.2d 372, 375, citing Fontana v. Fontana, 426 So.2d 351 (La. App. 2d Cir. 1983), writ denied, 433 So.2d 150 (La. 1983). When a determinate sentence is rendered without setting conditions for the contemnor to avoid the sentence imposed or purge himself of it, the punishment is criminal in nature and cannot be imposed unless federal constitutional protections are applied in the contempt proceeding.

Id. ;Fontana v. Fontana , 426 So. 2d 351 (La. App. 2 Cir. 1983), writ denied , 433 So. 2d 150 (La. 1983). The party seeking contempt must show that the alleged offender willfully disobeyed an order of the court prior to the contempt rule.

As a general rule, failure to pay alimony and child support resulting from an obligor's financial inability cannot support a contempt charge. Fontana v. Fontana , 426 So.2d 351 (La. App. 2 Cir. 1983), writ denied , 433 So.2d 150 (La. 1983) ; Lutke v. Lutke , 33, 001 (La. App. 2 Cir. 2/1/00), 750 So.2d 512. While the enforcement of the personal obligation to pay child support can be pursued through ordinary civil remedies by the parent to whom the obligation is owed, the law also expressly provides that "disobeying an order for the payment of child support" is a specific ground for which a court may hold a delinquent party in contempt of court.

Although, as a general rule, failure to pay support resulting from the obligor's financial inability to pay cannot support a contempt charge, this issue is primarily factual, and a trial judge's finding thereon should not be disturbed absent a finding of manifest error. Fontana v. Fontana , 426 So.2d 351 (La. App. 2 Cir. 1983), writ denied , 433 So.2d 150 (La. 1983). A proceeding for contempt in refusing to obey the court's orders is not designed for the benefit of the litigant, though infliction of a punishment may inure to the benefit of the mover in the rule.

See, La.C.C. art. 224(2) and La.R.S. 13:4611(1)(c). The general rule regarding the failure to pay child support which results from an obligor's financial inability to pay was addressed by this court in Fontana v. Fontana, 426 So.2d 351 (La.App. 2 Cir. 1983): As a general rule, failure to pay alimony and child support resulting from the obligor's financial inability to pay . . . cannot support a contempt charge.

A contempt proceeding assumes the quality of a criminal or quasi-criminal proceeding only after a criminal sentence is imposed. Swan v. Swan, supra; Fontana v. Fontana, 426 So.2d 351 (La.App. 2d Cir. 1983), writ denied, 433 So.2d 150 (La. 1983). When a determinate sentence is rendered without setting conditions for the contemnor to avoid the sentence imposed or to purge himself of it, the punishment is criminal in nature.

Neither an appeal nor a motion for new trial suspends the finality and executory nature of custody judgments. Fontana v. Fontana, 426 So.2d 351, 355 (La.App. 2 Cir. 1983), writ denied, 433 So.2d 150 (La. 1983). Custody judgments mandate immediate efficacy.