Henderson v. Mogren

I concur with that part of the main opinion that overrules Scott v. Scott, 38 So.3d 79 (Ala.Civ.App.2009), and Sanders v. Burgard, 715 So.2d 808 (Ala.Civ.App.1998); however, I cannot agree to hold the trial court in error for finding James Michael Henderson in contempt for his failure to pay alimony under the facts of this case.

In Scott, this court clearly rejected conduct like Henderson’s, writing:

*640“[W]e cannot endorse the former husband’s'unilateral decision to place his monthly periodic-alimony payments into escrow. Such action has the potential to cause a financial hardship on a spouse…