Rothschild v. Hermann, 58238

• Decision Date: 05 April 1989
• Docket Number: No. 58238,58238
• Citation: 542 So.2d 264
• Parties: Henry Leo ROTHSCHILD v. Sandra Fine Rothschild HERMANN.
• Court: Mississippi Supreme Court

Page 264

542 So.2d 264

Henry Leo ROTHSCHILD v. Sandra Fine Rothschild HERMANN.

No. 58238.

Supreme Court of Mississippi.

April 5, 1989.

As Corrected on Denial of Rehearing May 3, 1989.

Leslie Gates, Meridian, for appellant.

No brief filed for appellee.

Before ROY NOBLE LEE, C.J., and PITTMAN and BLASS, JJ.

BLASS, Justice, for the Court:

Henry Leo Rothschild, appellant here and respondent below, and Sandra Fine Rothschild Hermann, appellee here and petitioner below, were married in 1961 in New Orleans, Louisiana. Six children have been born, issue of the marriage. Mrs. Rothschild's son, Hal Anthony, issue of a previous marriage, was adopted by Mr. Rothschild. Later, while the family was living in Lauderdale County, Mississippi, Mrs. Rothschild sued Mr. Rothschild and was granted a divorce on or about the 25th of May, 1973. Mrs. Rothschild was given custody of the children and Mr. Rothschild was required to pay child support in the amount of $300 per month. On August 14, 1974, Mr. Rothschild was found in contempt of court for failure to pay the child support required and the court ordered him to pay $1300 at that time and to continue to pay the $300 per month until all of the children were emancipated. He was also required to keep hospitalization insurance for the children in force and to be responsible for one-half of all dental, drug and hospital bills not covered by that policy.

Everyone moved away from Mississippi. Mr. Rothschild moved to Texas and Mrs. Rothschild, now Mrs. Hermann, has lived in New Orleans and in Mobile, Alabama, since that time. She now resides in Alabama. All of the children except three were over the age of eighteen by October 14, 1983. ¹ The three younger children had been adopted by Mrs. Hermann's present husband.

On November 7, 1985, Mrs. Hermann, filed a petition in the Chancery Court of Lauderdale County to determine the amount of arrearage and child support and to have Mr. Rothschild adjudged to be in contempt of court. She sought a judgment of $33,000 for child support and asked that her former husband be held in contempt of court for failure to comply with the earlier decree of August 14, 1974. The petition acknowledged that all but one of the minor children had been legally adopted by Mr. Hermann on June 18, 1979, and that the one who had not been adopted attained the age of eighteen on October 14, 1983. Summons was served on Mr. Rothschild by certified mail. None of the parties was residing in Mississippi and there were no children requiring support at the time the action was filed. The petition was filed in Lauderdale County.

The court found Mr. Rothschild in contempt, both civilly and criminally, ordered that he be incarcerated in the Lauderdale County Jail until he purged himself of contempt by paying into the court $33,150 for child support arrearage and $17,686 for medical expense arrearage. From this judgment the appellant has perfected an appeal to this Court. The appellee has filed no brief.

The appellant raises some ten issues which we believe could be consolidated and reduced to approximately five points. Among these issues is the question of the court's jurisdiction over the respondent Rothschild and the question of the court's jurisdiction over the subject matter in this instance. None of the parties resided in Mississippi and none had resided in Mississippi for a number of years. Rothschild, ...