Belt v. Commonwealth, Cabinet for Families & Children, 520 S.W.3d 406

Keith Belt was ordered to pay child support for three children and has been largely in arrears since the first support order, with sporadic payments and periods of incarceration.
On April 8, 2016 the Commonwealth moved for contempt, alleging Belt last paid $75 on March 12, 2016 and owed $8,570.68 as of March 31, 2016; at the hearing arrears were $8,945.21.
Belt testified he earns about $1,200/month working construction 30–40 hours weekly, has roughly $200/month discretionary income, lacks a vehicle, and attributes limited earnings to transportation issues.
The family court found Belt in civil contempt for failure to pay support, sentenced him to 180 days’ incarceration with work release, and set a purge cash bond of $4,400 (about half the arrears).
Seventeen days after Belt appealed, Veri Scheer paid the $4,400 cash bond, which purged the contempt order and prompted the court to consider mootness.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Validity of incarceration and purge amount for civil contempt	Belt: incarceration and purge amount exceed his ability to pay; contempt enforcement must consider inability to pay	Commonwealth: incarceration and substantial purge bond necessary to compel compliance with child support orders	Court did not reach merits because appeal became moot after purge payment
Mootness / jurisdiction to decide appeal	Belt: appeals his contempt sentence and purge amount	Commonwealth: argues case is moot once purge amount paid (not briefed but effect)	Appeal dismissed as moot; no justiciable controversy remains and exception not applied

Lewis v. Lewis, 875 S.W.2d 862 (Ky. 1993) (contempt power exists but should not compel impossible performance)
Blakeman v. Schneider, 864 S.W.2d 903 (Ky. 1993) (civil contempt characterized by contemnor’s ability to purge)
Clay v. Winn, 434 S.W.2d 650 (Ky. 1968) (inability to pay is valid defense to contempt)
Norton Hosps., Inc. v. Willett, 483 S.W.3d 842 (Ky. 2016) (mootness doctrine—appeal dismissed when intervening event renders judgment ineffectual)
Commonwealth v. Hughes, 873 S.W.2d 828 (Ky. 1994) (appellate courts lack jurisdiction over non-justiciable controversies)
Morgan v. Getter, 441 S.W.3d 94 (Ky. 2014) (exceptions to mootness, including capable-of-repetition-yet-evading-review)
Lexington Herald-Leader Co. v. Meigs, 660 S.W.2d 658 (Ky. 1983) (articulation of mootness exceptions)
Walsh-Stender v. Walsh, 307 S.W.3d 127 (Ky. App. 2009) (appellate courts must address jurisdictional issues sua sponte)
Kentucky High School Athletic Ass’n v. Edwards, 256 S.W.3d 1 (Ky. 2008) (same)