Jackson v. Jackson

When Gail and Thomas Jackson were divorced in April of 1969, custody of their 16-year-old daughter Jennifer was awarded to Gail. Thomas was ordered to pay $750 per month for her support.

On September 30, 1971, Thomas caused to be issued an order to show cause for the-purpose of modifying the decree to eliminate the support payments. In December of 1971, Gail countered with two citations of contempt for Thomas’ failure to make previously due payments. On March 13, 1972, the trial court discharged the contempt citations and ordered termination of the support payments as of September 30, 1971, on the grounds that “. . . Jennifer maintains a permanent residence in [Thomas] home.”

On June 5, 1972, Gail retaliated by obtaining, ex parte, the issuance of a writ of execution in the principal amount of $16,500 the aggregate of 22 months of allegedly unpaid support payments (in excess of $18,000 with interest and costs) and on June 30, 1972, levied on Thomas’ bank account. Significantly, the date of the onset of Thomas’ delinquency as alleged in the application for the writ of execution is December 1, 1969. Both parties agree that on November 14, 1969, Jennifer, with Gail’s…