Edwards v. Edwards-Barker


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Docket Number: 2003-CA-00453-COA

Court of Appeals: Opinion Link
Opinion Date: 06-22-2004
Opinion Author: Griffis, J.
Holding: Affirmed

Additional Case Information: Topic: Contempt - Child support
Judge(s) Concurring: King, C.J., Bridges and Southwick, P.JJ., Thomas, Lee, Irving, Myers and Chandler, JJ.
Procedural History: Bench Trial
Nature of the Case: CIVIL - DOMESTIC RELATIONS

Trial Court: Date of Trial Judgment: 02-14-2003
Appealed from: Lafayette County Chancery Court
Judge: Glenn Alderson
Disposition: PETITION TO INCREASE CHILD SUPPORT AND PETITION FOR CONTEMPT GRANTED
Case Number: 96-044

  Party Name: Attorney Name:  
Appellant: Jeffrey K. Edwards




DAVID L. WALKER



 

Appellee: Karen Edwards-Barker GREGORY S. PARK  

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Topic: Contempt - Child support

Summary of the Facts: Karen Edwards-Barker filed a petition to modify child support and a contempt citation against Jeffrey Edwards for failure to make payments. Jeffrey filed a petition to modify custody. The chancellor granted Karen's petition to increase child support, found Jeffrey in contempt of court, and denied Jeffrey's petition. Jeffrey appeals.

Summary of Opinion Analysis: Issue 1: Child support Jeffrey argues that the chancellor erred in granting Karen's request for an increase in child support. To justify a modification of the amount of child support, the party seeking the modification must demonstrate a material change in the financial circumstances of an interested party that arose after entry of the original decree. The chancellor compared Jeffrey's current income to his previous income and determined that a material change in financial circumstances had occurred. The record supports the chancellor’s finding. Issue 2: Contempt Jeffrey argues that because he made some child support payments his children directly and some of his child support payments were in cash, the facts do not support a finding of contempt. A citation of contempt is proper when the order of the court has been willfully and deliberately ignored. Here, Jeffrey provided no record of the cash payments that he purports to have made to Karen. He also produced no receipts confirming his cash payments. In addition, the chancellor correctly refused to consider the money Jeffrey gave to his children, for various other expenses, as child support payments.


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