Scott v. Scott

The former husband appeals from a ruling of the Circuit Court of Jefferson County in response to the wife's petition for rulenisi.

The trial judge found the husband to be in arrears on monthly mortgage payments he was required to make under a prior decree and ordered the husband to cure this deficiency. Although the husband was found not to be in contempt of court, the wife was also awarded attorney's fees. We affirm as to that part of the decree pertaining to the monthly mortgage payments but reverse the awarding of attorney's fees.

The record reveals that the husband and wife were divorced in…