HANNERS v. HANNERS5/23/1997
The parties were divorced by the Houston County Circuit Court on September 1, 1994. The divorce judgment incorporated the terms of an agreement entered into between the parties. The agreement provided that the mother would have custody of the parties' minor son, that the father would have certain visitation rights, and that the father would pay $190 per month child support.
On January 4, 1995, the mother filed a petition for rule nisi, alleging that the father was three months in arrears in his child support obligation and that he had refused to return the son after a scheduled visitation. Following oral proceedings, the trial court entered an order, finding that the father was not in contempt of court, but that he owed two months' child support. The trial court ordered the father to pay a $380 child support arrearage, a $250 attorney fee, and court costs.
On October 16, 1995, the Department of Human Resources filed a motion to intervene, which the trial court granted. On November 13, 1995, the father filed a petition for rule nisi and to modify, alleging that the mother had refused to allow him to visit the son and seeking custody of the son. On November 15, 1995, the mother filed a petition to modify and for rule nisi, seeking a modification of the father's visitation privileges to require supervised visitation because of his alcohol abuse. She also requested an increase in child support and asked the trial court to hold the father in contempt of court for failing to pay child support as ordered.
Following oral proceedings, the trial court entered an order on January 31, 1996, finding that a change in custody would not be in the son's best interests. The trial court ordered the parties to refrain from having any
contact with each other and to refrain from using alcohol or drugs while in the presence of the son, or while exercising custody or visitation with the son. The trial court also ordered the mother to refrain from any disorderly conduct toward the father and his friends and increased the father's child support obligation to $292 per month. On February 1, 1996, the mother filed a post-judgment motion, asserting that the father's child support obligation was miscalculated and that he should pay $435 per month. On February 6, 1996, the trial court amended its January 31, 1996, order to increase the father's child support obligation to $453 per month.
On April 13, 1996, the mother gave birth to a baby girl. On April 23, 1996, the father filed a petition to modify and for rule nisi, seeking to have his child support obligation decreased and to have the mother held in contempt of court for refusing to allow him to visit with the son. On June 12, 1996, the Department, on behalf of the mother, filed a complaint against the father, seeking an adjudication of paternity of the daughter and seeking child support. The next day the mother filed a petition to hold the father in contempt of court for failing to pay his child support obligation.
Following oral proceedings, the trial court entered a judgment, finding that the mother had violated the court's January 31, 1996, order regarding the prohibition against using alcohol while in the son's presence and finding that a change in custody would be in the best interests of the son. The trial court also found that the mother was unemployed, that the care required for the medical problems of her daughter made it difficult for the mother to be employed, and that, therefore, the mother would not be required to pay child support. The trial court awarded the mother certain visitation rights. That day, the mother filed a motion to alter, amend, or vacate the judgment or, in the alternative, for a new trial
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