Smith v. Smith

Hines, Justice.

Curtis Nathaniel Smith II appeals the trial court’s denial of his motion to set aside an earlier order directing that he be incarcerated for contempt of court. For the reasons that follow, we reverse.

Curtis Nathaniel Smith II and Stephanie Lauren Smith were divorced in 2000. Ms. Smith was awarded primary physical custody, and Mr. Smith was ordered to pay $900 a month in support for their two children. After he failed to meet this obligation, Ms. Smith moved for contempt. On February 15, 2001, Mr. Smith was found in contempt and incarcerated. He remained in jail until May 1,…