Brewer v. Holliday

Donald and Penny Brewer (through their respective attorneys) negotiated, agreed to, and signed off on a proposed order that changed custody of one of the parties’ two children, John, to Donald, and reduced his child-support obligation. Although the attorneys failed to present the order to the chancellor, the Brewers, believing it had been entered, complied with its terms for several years. But when the chancellor later learned that Donald had paid the reduced amount of child support, he refused to admit any evidence of the agreement, ordered Donald to pay the full amount of arrearage, and held him in contempt. Upon review, the Supreme Court held that Donald should not have been held in contempt; that he was entitled to credit for any payment of support he made directly to, or on behalf of, John; and that the chancellor should have granted Penny a judgment for past-due child support, reduced by the credit.View "Brewer v. Holliday" on Justia Law