Friday, January 10, 2014
Contempt
The Mississippi Supreme Court decided Brewer v. Holiday located here yesterday. The trial court held Mr. Brewer in contempt for the nonpayment of child support. The issue was that he and his ex-wife both believed an order of modification had been entered by the Court previously and both followed that order. Ms. Holiday later found out it was not and sought to hold Mr. Brewer in contempt for the nonpayment of child support in the full amount. The Court of Appeals had affirmed the trial court. The Mississippi Supreme Court found that a contempt finding was not proper as there had been no willful violation of a court order and found that a contempt finding was completely inequitable under the circumstances. This appears to be the correct result under the facts presented.
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