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Langdon v. Langdon9/9/2003
stions at issue, as well as the degree of responsibility involved in the management of the cause, the time and labor required, the usual and customary charge in the community, and the preclusion of other employment by the attorney due to the acceptance of the case." McKee, 418 So. 2d at 767.
. In the case sub judice, the chancellor examined the hourly rates of Helen's three trial attorneys and found they were reasonable. The chancellor stated that, considering Helen's income, non-marital assets, monthly expenses and the awards made in this case, that she does not have the ability to pay her attorney to pay the court reporting fees. The court noted that Helen has had physical problems since the accident and has limited education and work experience. Our review of the record indicates that Helen met her burden of proof to show that she was unable to pay the attorneys' fees and costs. As previously noted, there was a significant disparity in the parties' incomes and earnings capacity. The chancellor's award was within her sound discretion.
III. DID THE CHANCELLOR ERR IN ORDERING CHARLES TO PAY AN EXCESSIVE AMOUNT OF TEMPORARY SUPPORT AND IN FINDING HIM IN CONTEMPT OF COURT AND ORDERING HIS INCARCERATION FOR FAILURE TO PAY?
. After a hearing, the chancellor held Kent in civil contempt for his failure to pay the mortgage as required by the temporary order. The chancellor allowed Kent several days to make the payments or be incarcerated. Kent failed to pay.
. Whether a party is in civil contempt is within the chancellor's substantial discretion. Varner v. Varner, 666 So. 2d 493, 496 (Miss. 1995). The chancellor's finding will be upheld absent manifest error. Illinois Cent. R. R. Co., 815 So. 2d at ( 45). At the hearing, Kent asserted that he was unable to make the mortgage payments. "A defendant may avoid a judgment of contempt by establishing that he is without the present ability to discharge his obligations. However, if the contemnor raises inability to pay as a defense, the burden is on him to show this with particularity, not just in general terms." Varner, 666 So. 2d at 496.
. Kent failed to file for modification of the temporary order prior to being held in contempt of the order. At the hearing, Helen testified that Kent made $50,000 per year with a yearly bonus of $20,000. Kent alleged that his sole income was $3011 per month as a farm manager. He stated that housing was provided as part of his farm managing job , but that he was responsible for utilities. He asserted that his monthly expenses were $1500 in temporary child support and alimony and $294 in medical insurance. He alleged that, with these expenses, making the mortgage payments of $1100 per month would leave him with only $117 per month for living expenses. He stated that he had been discharged from a crop dusting job because his employer feared liability. Kent did not offer any documentary evidence of his income and expenses. The chancellor was within her discretion in finding that Kent had not demonstrated his inability to make the monthly mortgage payments and in holding him in contempt.
. THE JUDGMENTS OF THE CHANCERY COURT OF HUMPHREYS COUNTY ARE AFFIRMED. STATUTORY DAMAGES AND INTEREST ARE AWARDED. ALL COSTS OF THESE APPEALS ARE ASSESSED TO CHARLES KENT LANGDON.
McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., BRIDGES, THOMAS, LEE, IRVING, MYERS AND GRIFFIS, JJ., CONCUR.
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