Tuesday, November 22, 2016

Contempt vs. Incarceration

In Mississippi, there is one standard for contempt and one standard to avoid incarceration for contempt.  To defend against the contempt, an individual has to show they used all available funds over necessary living expenses to pay support.  To defend against incarceration for contempt, you have to show the present inability to comply with the court's order.  I think the line between these gets blurred a lot.  I am working on a brief now to encourage the Mississippi Supreme Court to clarify these issues and put in some procedural safeguards to prevent Due Process from being violated. 

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