Jonathan Scott Nation v. Brittany Gene Boling

Jonathan Scott Nation (“Nation”) appeals the circuit court’s order adopting a hearing officer’s recommendation of contempt and incarceration for failure to pay child support. Nation argues that the contempt order’s finding that he was able to pay support as ordered is not supported by substantial, competent evidence. We agree and reverse.

I

Pursuant to final judgment dated May 28, 2009, Nation is required to make monthly child support payments of $620. In January 2015, the Department of Revenue filed a motion- on behalf of the mother, Brittany Boling (“Boling”), seeking to hold Nation in…