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Carter v. Carter

March 23, 1999

WENDEE GAIL WORTMAN CARTER APPELLANT
v.
BILLY MICHAEL CARTER APPELLEE



The opinion of the court was delivered by: Diaz, J.

DATE OF JUDGMENT: 12/30/96

TRIAL JUDGE: HON. WILLIAM JOSEPH LUTZ

COURT FROM WHICH APPEALED: MADISON COUNTY CHANCERY COURT

NATURE OF THE CASE: CIVIL - DOMESTIC RELATIONS

TRIAL COURT DISPOSITION: APPELLEE AWARDED CUSTODY OF MINOR CHILD

DISPOSITION: AFFIRMED IN PART, REVERSED AND REMANDED IN PART - 03/23/99

MOTION FOR REHEARING FILED: 10/27/1998

CERTIORARI FILED:

MANDATE ISSUED:

MODIFIED OPINION ON MOTION FOR REHEARING

EN BANC.

¶1. The original opinion is withdrawn and the following is substituted. The motion for rehearing is granted.

¶2. This case is before the Court on an appeal by Wendee Carter. She seeks to reverse two rulings issued in the Chancery Court of Madison County. The first ruling denied her petition for contempt brought against her former husband, Billy Carter, for failure to pay child support. The second ruling amended the original judgment of divorce to change custody of the two minor children of the parties from Mrs. Carter to Mr. Carter. Finding no cause to reverse the chancellor's modification of custody order, we affirm on that issue. However, it is this Court's opinion that the chancellor erred in denying Mrs. Carter's petition for contempt. Accordingly, we reverse and remand on that issue alone for proceedings consistent with this opinion.

FACTS

ΒΆ3. On October 19, 1994, Wendee and Billy Carter were divorced, and an order was entered giving Mrs. Carter physical and legal custody of the two minor children of the marriage. Mr. Carter was ordered to pay twenty percent of his adjusted gross income in child support. On April 4, 1996, Mr. Carter filed a motion to modify the final judgment of custody and support, citing a material change in circumstances adverse to the best interests and welfare of the children. Thereafter, on April 12, 1996, Mrs. Carter filed a motion seeking to hold Mr. Carter in contempt for failing to pay child support on income he received from his newspaper delivery route. The chancery court denied Mrs. Carter's motion for contempt but granted Mr. Carter's ...


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