Kelley v. Day
Court of Appeals of Mississippi
1DissentIrving, J.
¶27. I agree with the majority that Kelley came into court with unclean hands, but I disagree that this fact precluded the chancellor from considering a modification of Kelley’s child support obligations. Therefore, I dissent from this portion of the majority opinion.
¶ 28. This Court, following Brennan v. Brennan, 605 So.2d 749 (Miss.1992), has on at least three occasions held that once a judgment has been entered against a defendant for the amount of past-due child support, the judgment cleanses the defendant’s hands, allowing the court to then consider whether a modification is proper. See…
2Cases cited2 opinions
- Brennan v. BrennanMississippi Supreme Court · 1992
- Dill v. DillCourt of Appeals of Mississippi · 2005