TN Father Not Paying Support Not Criminal Contempt Due to Sarcoidosis
Tennessee law case summary on criminal contempt in divorce and family law from the Court of Appeals.
State ex rel. Tonya Dotson v. Donald Howard – Tennessee divorce child support enforcement.
The State of Tennessee brought a petition to have the father, Donald Howard, held in criminal contempt for failure to pay child support. He had been jailed previously for failing to pay support, and this petition was filed about two months after his release from jail.
At trial, both the mother and the father testified. The mother testified that she had received only $328 since the father’s release from jail. The father testified that he had been unable to find employment because of his medical conditions. His vision was limited, and he was unable to read regular size font. He was also unable to tolerate bright sunlight or bright lights, and was also unable to tolerate a hot environment because of the effect on his skin. He was also unable to engage in strenuous or stressful activities. He had also been diagnosed with Post Traumatic Stress Disorder after being shot. He was a convicted felon, and his only income was an SSI disability benefit of $328 per month.
The father’s optometrist testified that the father suffered from sarcoidosis, an autoimmune condition that impaired his vision. He testified as to the father’s inability to tolerate bright lights without protective glasses, and as to inability to tolerate a hot environment. Letters from other doctors were also introduced into evidence.
The juvenile court magistrate found the father guilty of ten counts of criminal contempt, and jailed him for a total of one hundred days. The magistrate found that the father’s testimony had not been credible and was inconsistent. The father appealed to the Tennessee Court of Appeals. He served a few days of the jail sentence, and was released on bond pending the appeal. On appeal, he argued that the evidence was insufficient to support his conviction beyond a reasonable doubt.
The Court of Appeals agreed, and reversed the finding of criminal contempt. The Court of Appeals first noted that there could not be a conviction if the father did not have an ability to pay. In other words, to support a finding a criminal contempt, the conduct must be willful. It noted that the petition itself had “very few facts or details”. The court was also troubled because there was no specific finding as to the specific weeks the father was convicted for not paying.
The father had stated in the past that he did not want to work. However, the Court of Appeals found that this past statement had little relevance to his willingness to pay currently. The Court noted that the father had applied for ten jobs but had been unsuccessful in finding one. The Court also made special note of the medical evidence regarding the father’s conditions.
Based upon this evidence, the Court of Appeals concluded that there was insufficient evidence to support the father’s conviction beyond a reasonable doubt, and reversed the finding of criminal contempt. It therefore vacated the trial court’s judgment.
No. M2012-02248-COA-R3-JV (Tenn. Ct. App. May 28, 2013).
See original opinion for exact language. Legal citations omitted.
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