State of Tennessee ex rel. Kenneth Allen Barbee v. Sherry Rosette Barbee

The State of Tennessee, acting on behalf of a father, filed a petition for contempt against the mother of the parties’ three minor children for her failure to pay child support. Following the contempt hearing, the trial court found the mother “might be slightly mentally retarded” but that she had the ability to pay and willfully failed to pay child support on eighteen occasions. Finding her guilty of criminal contempt, the trial court sentenced the mother to 180 days in jail. The mother appeals, contending the State failed to present sufficient evidence that she had the ability to pay child support and failed to present sufficient evidence that her failure to pay was willful. Finding the evidence in the record insufficient to prove that the mother had the ability to pay the amount of support as ordered and that the evidence is insufficient to prove that the mother’s failure to pay child support was willful, we reverse the trial court’s finding of criminal contempt.