T.P.W.C. v. J.R.W.

• Decision Date: 07 April 1995
• Citation: 674 So.2d 1291
• Parties: T.P.W.C. v. J.R.W. AV93000584.
• Court: Alabama Court of Civil Appeals

Page 1291

674 So.2d 1291

T.P.W.C. v. J.R.W.

AV93000584.

Court of Civil Appeals of Alabama.

April 7, 1995.

Rehearing Denied May 19, 1995.

Douglas M. Bates, Dothan, for appellant.

Deborah S. Seagle of Smith & Seagle, Dothan, for appellee.

ROBERTSON, Presiding Judge.

The parties, T.P.W.C. (mother) and J.R.W. (father), were divorced by the Circuit Court of Houston County on October 18, 1983. Since the entry of the divorce judgment, the parties have engaged in numerous legal proceedings and appeals concerning their child. See S.C. v. J.R.W., 667 So.2d 72 (Ala.Civ.App.1992), rev'd, 667 So.2d 74 (Ala.1994), on remand, 667 So.2d 84 (Ala.Civ.App.1994); T.P.W.C. v. J.R.W., 622 So.2d 931 (Ala.Civ.App.1993), cert. denied, May 21, 1993; Ex parte J.R.W., 630 So.2d 447 (Ala.Civ.App.1992), cert. denied, March 17, 1992; and Ex parte T.P.W.C., 601 So.2d. 218 (Ala.1992).

The parties are now before this court on the issues of whether the trial court erred in calculating the father's child support arrearage and whether the trial court's disbursement of the proceeds from a forfeited appearance bond was improper.

On June 2, 1992, the trial court held the mother in civil contempt of court " 'for her willful failure to comply with [the trial court's] order of June 24, 1991, by refusing to allow visitation' " and ordered that the mother be incarcerated until she complied. T.P.W.C. v. J.R.W., 622 So.2d at 932. Thereafter, the mother filed a petition for habeas corpus, which the trial court denied.

The mother then appealed the judgment of contempt to this court and filed a motion with this court requesting that any order of incarceration entered by the trial court be stayed pending a ruling on her appeal. The mother's motion was granted on the condition that she post an appearance bond in the amount of $20,000. Accordingly, on September 16, 1992, the mother posted a $20,000 appearance bond and was released from jail pending the disposition of her appeal. The trial court's judgment, holding the mother in civil contempt, was affirmed by this court on February 5, 1993, and the mother's petition for writ of certiorari was denied by the Alabama Supreme Court on May 21, 1993. T.P.W.C. v. J.R.W., 622 So.2d 931. A certificate of judgment was issued by this court on May 26, 1993.

Upon this court's issuance of the certificate of judgment, the mother was required to comply with the trial court's judgment of June 2, 1992, i.e., appear and be incarcerated in the Houston County jail until she complied with the June 24, 1991, order of visitation. The mother, who is in Texas, failed to appear and failed to comply with the visitation order. As a result, the father filed a motion to have the mother's appearance bond forfeited. The trial court set a hearing on the issue of the bond forfeiture for January 18, 1994. The mother was given notice of the bond forfeiture hearing, however, she failed to appear at the hearing. Following the hearing on the bond forfeiture and on the amount of child support arrearage owed by the father, the trial court entered a judgment, finding:

"that the Court of Civil Appeals having set bond for [the mother] in the amount of $20,000.00 on conditions that she appear ... and the [mother] being informed of the hearing ... failed to appear ... and the Court being informed by the Clerk of the Court of Civil Appeals that the Circuit Court should handle forfeiture proceedings in this cause; it is hereby ordered that the [mother's] bond forfeiture in the amount of $20,000.00 be made final.

"The Court further finds that [the mother] is entitled to the sum of $14,007.00 as accrued child support including interest.... The judgment against Defendant, [J.R.W.], heretofore entered on the 24th day of June, 1991, for arrears [in] child support shall be deemed satisfied. The balance of said bond in the amount of $5,093.00 is ordered paid to ... [J.R.W.] and his attorney."

On January 20, 1994, the trial court amended its January 18, 1994, judgment and ordered that "the $14,007.00 due to Appellant [mother] as child support arrears is to be offset against the $20,000.00 bond ordered forfeited by the surety. The Surety is ordered to pay the sum of $5,093.00 into the Court pursuant to the bond forfeiture."

On February 16, 1994, the mother filed a motion requesting that the trial court set aside its January 18, 1994, judgment, as amended on January 20, 1994. The mother alleged that her attorney had been unable to attend the bond forfeiture hearing because he was engaged in a trial which had started earlier that day, but which had not concluded before the hearing started. She also alleged that pursuant to § 8-8-10, Ala.Code 1975, interest on judgments accrues at the rate of 12% per year, and that when such interest is added to the father's child support arrearage, he owes greater than $20,000.

The father filed an answer to the mother's motion, alleging that the mother's attorney had made no attempt to contact the trial court regarding conflicting trials; that although the mother had notice of the hearing, she had failed to appear; and that the child support arrearage figures submitted to the trial court were correct because they were calculated by a certified public accountant, who had allowed for the statutory 12% interest. Additionally, the father contended that the mother remains in contempt of court, at large in Texas, outside the jurisdiction of the court, and in illegal custody of the parties' minor child.

The trial court denied the mother's motion, and she appeals. The mother's notice of appeal and docketing statement to this court sets out three issues: (1) Whether the trial court erred in condemning the mother's appearance bond; (2) Whether the trial court erred by...