Schimpf v. Hardy (Mississippi 2019)

No. 2017-CA-01499-COA (Miss. Ct. App. 2019)
May 2019

A non-custodial parent should receive credit for child support paid pursuant to an interim order. By a decree of divorce, the mother was granted custody of two children, and the father was ordered to pay support. The father filed to modify custody and support and for contempt. The mother answered and filed a counterclaim. An interim order granted the father custody of the children and ordered him to deposit his support payments into his attorney’s trust account pending the final order. The final order granted the father custody and terminated his support obligation. It also ordered that the child support payments made during the interim period be disbursed to the mother. The father appealed, arguing he was entitled to credit for the payments. The court of appeals reversed this portion of the order and ordered the payments be returned. Unlike situations where a child is primarily living with a non-custodial parent without the benefit of a court order, this father had an order. He was paying support and providing for them as their custodial parent.