Legal Opinion · Dissent

Kelley v. Day

Court of Appeals of Mississippi

Decided September 18, 2007No. Nos. 2005-CA-01029-COA, 2006-CA-00522-COAPublished

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

  1. Brennan v. BrennanMississippi Supreme Court · 1992
  2. Dill v. DillCourt of Appeals of Mississippi · 2005

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