Maggie Atwood Caldwell v. Thomas Atwood, 179 So. 3d 1210

Caldwell and Atwood divorced in 2005; Caldwell received physical custody of their daughter Gracie; Atwood had visitation and child-support obligations.
2012 agreed order modified custody and support after Atwood faced felony drug charges: Caldwell received sole custody; Atwood could regain unsupervised visitation if he met conditions (NA attendance, independent residence, drug tests, full-time employment for 90 days). Child support was set at $250/month for one year, then $350/month thereafter; $500 IRS refund payment was referenced as payment on back support.
In May 2013 Atwood sought increased visitation and a reduction in support; Caldwell counterclaimed for contempt for unpaid child support and other expenses and sought attorney’s fees.
Atwood admitted past and continuing arrears, limited employment (15 hrs/week) and lack of ongoing NA attendance; Caldwell presented a spreadsheet alleging roughly $12,948 in arrears but lacked complete receipts in the record.
The special chancellor awarded Atwood expanded visitation, changed child support to 14% of gross monthly income, found arrears existed but declined to quantify or enter judgment for them because of insufficient documentation, and denied Caldwell attorney’s fees.
On appeal, the Court of Appeals affirmed the visitation decision, reversed and remanded the arrearage/support determination for calculation and payment plan, and reversed and rendered in favor of Caldwell for attorney’s fees ($2,050.45).

Issue	Caldwell's Argument	Atwood's Argument	Held
Whether visitation should be increased	Visitation requirements in 2012 not met; court erred in expanding visitation	Visitation was being unreasonably denied and should be expanded to preserve relationship	Affirmed: chancellor did not abuse discretion; increased visitation serves child's best interest
Whether arrearage may be forgiven and current support reduced	Court erred by effectively forgiving arrears and reducing monthly support; arrears belong to child and cannot be forgiven	Argued some arrears satisfied/forgiven by agreement ($500) and inability to pay due to lack of full-time employment	Reversed and remanded: arrears cannot be purged; record insufficient to quantify arrears; chancery must determine amounts and establish payment plan; full-time employment requirement should not be excused lightly
Whether Caldwell is entitled to attorney’s fees for contempt litigation	Caldwell seeks fees because Atwood violated the 2012 order and was in contempt	Opposed (implicitly through chancellor) — court denied fees	Reversed and rendered: Caldwell awarded $2,050.45 in attorney’s fees for contempt proceedings

Fancher v. Pell, 831 So. 2d 1137 (Miss. 2002) (standard that chancellor’s domestic-relations factual findings are not disturbed unless manifestly wrong)
Roberts v. Roberts, 110 So. 3d 820 (Miss. 2013) (court will reach merits in child-welfare appeals even if appellee fails to file brief; attorneys’ fees guidance in contempt contexts)
Harrington v. Harrington, 648 So. 2d 543 (Miss. 1994) (chancellor’s broad discretion in visitation decisions; child’s best interest paramount)
Jones v. McQuage, 932 So. 2d 846 (Miss. Ct. App. 2006) (to change visitation, movant need only show schedule not working and change is in child’s best interest)
Varner v. Varner, 588 So. 2d 428 (Miss. 1991) (court-ordered child-support vests in the child as it accrues and cannot be modified or forgiven)
Smith v. Smith, 20 So. 3d 670 (Miss. 2009) (custodial parent has fiduciary duty to hold child-support benefits for the child)