Strain v. Strain
| Docket Number: | 2001-CA-01628-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-03-2003 Opinion Author: Lee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Contempt - Visitation - Child support - Medical expenses - Proof of life insurance Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 10-03-2001 Appealed from: Rankin County Chancery Court Judge: Thomas L. Zebert Disposition: JUDGMENT OF CONTEMPT Case Number: 34317 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Cheryl White Strain |
JOHN ROBERT WHITE |
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| Appellee: | Kenneth Murdock Strain, III | STEPHEN L. BEACH |
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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 - Visitation - Child support - Medical expenses - Proof of life insurance |
| Summary of the Facts: | Cheryl Strain and Kenneth Strain were granted a divorce on the grounds of irreconcilable differences. Cheryl was granted primary custody of the minor children and Kenneth was granted visitation rights. Kenneth was also required to provide child support and payments for insurance and medical expenses. Since the divorce, Cheryl has filed numerous motions including three for contempt as a result of Kenneth's failure to timely pay child support. Kenneth has also filed various motions. The chancellor entered a judgment of modification which altered the visitation schedule. When Cheryl interrupted the children’s visitation with Kenneth, Kenneth filed a petition for judgment of contempt. Cheryl filed a counter-petition for various relief. The court found Cheryl in contempt, but did not find Kenneth in contempt. Cheryl appeals. |
| Summary of Opinion Analysis: | Issue 1: Contempt for visitation Cheryl argues that the court erred in finding her to be in contempt. A citation for contempt is proper when the contemnor has willfully and deliberately ignored the order of the court. Cheryl testified that she took the children because they were complaining about their summer visitation with their father. The evidence supports the chancellor’s finding that the concerns of Cheryl that the children told her about do not justify her actions in interrupting the children's visitation with their father. Issue 2: Contempt for child support Cheryl argues that the chancellor should have found Kenneth in contempt for his failure to pay child support on time. Civil contempt is not a proper recourse when there are no overdue payments at the time of trial. Although Kenneth was late on several payments, he was not past due on any payment obligations at the time of trial. Issue 3: Contempt for medical expenses Cheryl argues that Kenneth should have been found in contempt for failure to timely pay medical expenses of the children. Kenneth owed $295 for medical expenses which he paid at the hearing. There is no error in the chancellor's decision not to find Kenneth in contempt on this issue. Issue 4: Contempt for life insurance Cheryl argues that Kenneth should be held in contempt for failing to provide proof of life insurance. Kenneth testified that his insurance has changed and he had not provided Cheryl with any proof of life insurance since that change. The chancellor did not err in ordering Kenneth to provide proof of his life insurance coverage immediately. |
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