STATE OF TENNESSEE EX REL. REBECCA ROBINSON v. HAROLD NEWMAN, JR. - Articles

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Posted by: Chandra Williams on Sep 23, 2015

Court: TN Court of Appeals

Attorneys 1:

Allison M. Rehn, Harriman, Tennessee, for the appellant, Harold Newman, Jr.

Attorneys 2:

Herbert H. Slatery, III, Attorney General and Reporter; and Rebekah A. Baker, Senior Counsel for the appellee, State of Tennessee ex rel. Rebecca Robinson.

Judge(s): SWINEY

In this child support arrearage case Harold Newman, Jr. (“Respondent”) appeals the December 23, 2014 order of the Circuit Court for Roane County (“the Trial Court”) finding Respondent in civil contempt and ordering that Respondent be incarcerated in the Roane County Jail until he pays a purge amount of $150.00. We find and hold that no evidence was produced showing that Respondent had the present ability to pay $150.00, or any amount, and, therefore, the order finding Respondent in contempt and sentencing him to incarceration was in error. We reverse that portion of the Trial Court’s December 23, 2014 order finding Respondent in civil contempt and sentencing Respondent to indefinite incarceration in the Roane County Jail with the ability to purge himself of contempt by making a $150.00 purge payment and remand this case to the Trial Court for further proceedings.

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