Judith D. Pickern v. Robert M. Pickern

This is an appeal from a finding of contempt following the enrollment of a foreign decree. The issue presented is whether Mr. Pickern could be held in civil contempt of court for his failure to pay alimony upon the enrollment of the foreign decree when a petition for contempt had not been filed.  Following a hearing, the trial court enrolled the foreign decree, found Mr. Pickern in willful contempt of court, awarded Ms. Pickern judgment for the alimony arrearage and her attorney’s fees, and ordered the sale of Mr. Pickern’s real property to satisfy the alimony arrearage unless he paid the judgment within ninety days. We hold that the trial court properly enrolled the foreign decree, but its actions were premature regarding the civil contempt because no petition had been filed seeking this relief. Therefore, we affirm the enrollment of the foreign decree and the judgment for the alimony arrearage, but vacate the finding of civil contempt and the award of attorney’s fees.