Wilma Jean Huggins v. Theron Eugene Huggins

This appeal involves a civil contempt sanction against a former husband for failing to make payments required by the parties' marital dissolution agreement. The former wife filed a petition in the Circuit Court for Williamson County seeking to hold her former husband in either criminal or civil contempt. Following a hearing, the trial court awarded the former wife a $26,378 judgment for the arrearage and a $2,000 judgment for attorney's fees. The trial court also found the former husband to be in civil contempt and ordered him incarcerated for six months or until he made the payments required by the martial dissolution agreement. The former husband appealed. We affirm the portions of the judgment awarding the former wife $28,378; however, we vacate the civil contempt judgment against the former husband because the trial court failed to make an affirmative finding that he was presently able to meet his financial obligations under the marital dissolution agreement.