Reasor v. Jordan
2013 Miss. LEXIS 144
| Miss. | 2013Background
- Custody awarded to Reasor; he was found in arrears on child support and held in contempt; a judgment for back support was entered in Jordan's favor; a later hearing determined the arrears amount and imposed a 55% wage withholding and attorney's fees; Reasor attended the 2011 hearing pro se and admitted arrears but claimed lack of notice and information; counsel had sought to withdraw and no continuance was granted, leading to the 2011 proceedings; on appeal the court affirmed issues I–IV but vacated and remanded the withholding order to 25% due to applicable limits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether due process was violated by proceeding without counsel | Reasor | Jordan | Pro se was allowed; no due process error |
| Whether Rule 81(d) notice was properly given | Reasor | Jordan | Waived; procedural review barred |
| Whether Jordan’s Motion for Status Conference was proper relief | Reasor | Jordan | Motion sufficient and properly advised; relief granted |
| Whether the court properly considered pending modification issues | Reasor | Jordan | Modification not properly before court; denied |
| Whether the 55% withholding order was proper | Reasor | Jordan | Reversed; withholding limited to 25% of disposable income; remanded for proper withholding |
Key Cases Cited
- Goodin v. Miss. Dep’t of Human Servs., 772 So.2d 1051 (Miss. 2000) (due process and representation in civil rights-related back-child-support matters)
- Sorrell v. Borner, 593 So.2d 986 (Miss. 1992) (garnishment limits in post-decree child-support cases; 65% rule discussed)
- Vincent v. Griffin, 872 So.2d 676 (Miss. 2004) (notice adequacy under Rule 81(d) when hearing continued)
- Dennis v. Dennis, 824 So.2d 604 (Miss. 2002) (waiver of service issues after appearance; preservation rules)
- Caples v. Caples, 686 So.2d 1071 (Miss. 1996) (improper notice under Rule 81; reversals for noncompliance)