Monday, September 12, 2016

Curing Contempt

Many times people try to cure contempt right before trial.  This is a good course of action to get oneself purged of the contempt.  However, it does not wipe out the contempt.  The Court of Appeals has said:

"We should not be heard to say that a party can clearly disregard a valid court order until contempt proceedings are filed against the offending party and just prior to trial gain exoneration by full compliance and escape any finding of contempt and charge of appropriate attorney’s fees. Attorneys and parties should not lull themselves into the false sense of security that because a divorced party who stands in contempt of a valid decree cures the contumacious conduct after an attorney is hired and a petition of contempt is filed but prior to the hearing, is insulated from an award of attorney’s fees.".   Holloway v. Holloway, 865 So. 2d 382, 383 (¶3) (Miss. Ct. App. 2003) (quoting  Douglas v. Douglas, 766 So. 2d 68, 72-73 (¶15) (Miss. Ct. App. 2000)). 

As noted in Caldwell v. Caldwell, 823 So. 2d 1216, 1222 (¶24) (Miss. Ct. App. 2002), support orders “require nothing less than full and complete compliance.”

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