Thompson v. Miss. Dep't of Human Services
| Docket Number: | 2003-CA-00022-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-14-2003 Opinion Author: Southwick, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Contempt - Adequate record on appeal Judge(s) Concurring: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers and Griffis, JJ. Non Participating Judge(s): Chandler, J. Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 12-06-2002 Appealed from: Tippah County Chancery Court Judge: Glenn Alderson Disposition: DEFENDANT HELD IN CONTEMPT FOR UNPAID CHILD SUPPORT OF $5000 AND ORDERED TO PAY $150 MONTHLY IN CURRENT CHILD SUPPORT PLUS AN ADDITIONAL $100 PER MONTH UNTIL ARREARAGE PAID IN FULL. Case Number: 87-0162 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Pamela J. Thompson |
LAURA EAVES MURPHY |
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| Appellee: | Mississippi Department of Human Services for Donald W. Surber | VICKIE R. MITCHELL |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Contempt - Adequate record on appeal |
| Summary of the Facts: | Pamela Thompson and her ex-husband, Donald Surber, submitted an agreed order of modification, transferring custody of the couple’s child to Donald. The couple later agreed to modify the order and assess child support in the amount of $150 per month to Thompson. The Mississippi Department of Human Services filed a petition for contempt, claiming that Thompson was over $5000 in arrears of her child support obligation. The court found Thompson in contempt and set a schedule for Thompson to pay the past-due amounts as well as remain current in the future. Thompson appeals. |
| Summary of Opinion Analysis: | Thompson argues that she had in fact paid most or all of the child support but just had not been paying it through the Department of Human Services. It is the appellant's duty to supply a reviewing court with an adequate record for the issues under consideration. There was no transcript of the hearing in this case, as only the pleadings were designated by Thompson's attorney for the appellate record. Absent a record basis to determine otherwise, the Court presumes the chancellor's order of contempt was based on adequate evidence. |
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