Equitable Offset

Lots of times people forget that Chancery Court in Mississippi is a court of equity.  All that really means from a practical standpoint is to do what is fair.  I have seen several cases where one party claims another party is in contempt but the other party counters back and says that the contempt is not intentional due to the fact that the other side agreed to it.  To me, this is a situation where the party may not be a in contempt but could still owe the money.  In Varner v. Varner, 588 So.2d 428, 434 (Miss. 1991), the Mississippi Supreme Court instructed:

"Without doubt or hesitation, we encourage post-divorce detente that parents may cooperate in rearing their children. It follows that, from time to time, adjustments can and should be made without burdening the courts. The law remains firm that court-ordered child[-]support payments vest in the child as they accrue and may not thereafter be modified or forgiven, only paid. But this does not mean that equity may not at times suggest ex post facto approval of extra-judicial adjustments in the manner and form in which support payments have been made."

With the current state of the economy, I have been able to assist several people in avoiding contempt claims due to the conduct of the opposing party and through other amounts that one parent gave the other parent when they were on speaking terms.  Lesson for the day: if the law is not on your side, equity can be a lifesaver.