Turner v. Turner

919 S.W.2d 340 (1995)

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Nature of the Case

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Facts

H and Rebecca (W) were married in September 1984. They had two children before separating in May 1987. W filed for divorce in June 1989. W was awarded custody of the children. H was granted visitation rights and ordered to pay $704.13 per month in child support and to pay for the children's medical insurance. The trial court later denied H's post-trial motion to alter or amend the child support award but granted him additional visitation. In November 1990, W sought to have Mr. Turner held in contempt for being $ 2,166.52 in arrears in his child support. H requested a reduction in his child support because he was financially unable to comply with the August 1990 order. H’s request was denied. H paid all the child support due. W filed a second petition in May 1991 seeking to hold H in contempt for inappropriate conduct while he was returning her son from visitation. In December 1993, W filed her third contempt petition complaining that H had harassed and abused her and the children and that he was seriously delinquent in his child support obligations. The trial court ordered H's arrest and suspended his visitation rights. H claimed he was financially unable to meet his child support obligations and again requested the trial court to reduce his child support. As of November 15, 1993, H was $19,365.19 delinquent in his child support, that he had not paid $3,019.10 in additional medical expenses, and that he had not reimbursed her for $1,796.50 in premiums for the children's medical insurance. H was found in criminal contempt for violating the orders prohibiting him from harassing and abusing W and the children and also finding him in civil contempt for failing to make his child support payments. It sentenced H to ten days for the criminal contempt to be served consecutively with a six-month sentence for civil contempt but determined that H could purge himself of the civil contempt by paying $40,908.86. It ordered visitation suspended if he did not make prompt and timely support payments. Visitation was suspended. H filed another petition in July 1994 requesting modification of his child support and reinstatement of his visitation. It denied the order citing no material change in circumstances. H appealed.