Jones v. Jones (Mississippi 2019)

No. 2017-CA-00262-COA (Miss. Ct. App. 2019)
January 2019

A parent cannot be found in contempt for failure to pay support and found to have overpaid child support at the same time. The parties divorced in 2006, and while a wage withholding was entered, it was never issued. The father paid support directly to the mother, twice a month. In 2009, a modified wage withholding was entered and issued. The father’s support was now paid every two weeks. The mother filed for contempt citing several grounds in 2014. The father had been in arrears until the issuance of the modified wage withholding. Under the modified wage withholding, he had overpaid. The chancery court found him in contempt for failure to pay child support, that he was overpaid, and gave him credit against the arrears for his overpayment. The father appealed the contempt finding. The court of appeals found that a parent cannot be held in contempt for failure to pay and have an overpayment. The appellate court reversed on this issue.