## Facts

- Holly Brunet Leger and Kin Allen Leger were divorced parents of at least one minor child, with an existing court judgment requiring Mr. Leger to pay child support and alimony.
- Mr. Leger worked as a crane mechanic and was injured in a November 1998 automobile accident.
- On December 2, 1998, Mr. Leger filed a rule seeking to terminate alimony and reduce child support, claiming a change in circumstances due to his injury.
- Ms. Leger filed a rule for contempt based on Mr. Leger’s failure to pay court-ordered child support and alimony and sought relief for arrearages, contempt sanctions, and related fees and costs.
- The parties agreed that Mr. Leger owed $5,500 in past-due child support and alimony.
- Mr. Leger admitted he did not attempt to discuss an inability to pay with Ms. Leger and that he simply did not pay.
- Before trial, the parties reached a stipulation resolving most issues connected to their competing rules; the remaining matter set for hearing was contempt.
- After the hearing, the trial court found Mr. Leger in contempt for failing to pay support and ordered him to serve fourteen days in jail.
- Mr. Leger took a suspensive appeal; he served two days in jail and was released after posting bond pending appeal.
- On appeal, Mr. Leger challenged the contempt sanction (including the lack of a “purge” opportunity) and also complained about the child-support amount as an upward departure from guideline support.

## Issues

1. Whether the trial court abused its discretion in finding Mr. Leger in constructive contempt for willful disobedience of a lawful judgment requiring payment of child support and alimony.
2. Whether a determinate fourteen-day jail sentence for contempt in a support case was invalid because it lacked a purge clause and therefore functioned as an improper criminal sanction in a civil contempt proceeding.
3. Whether the appellate court should disturb the child-support amount on the theory that it reflected an upward guideline departure without sufficient reasons, given the parties’ stipulation resolving most support matters.

## Decision

- The court of appeal affirmed the trial court’s judgment holding Mr. Leger in contempt and affirmed the fourteen-day jail sentence.
- The court rejected Mr. Leger’s argument that the sentence was improper solely because it did not include a purge clause.
- The court declined to alter the child-support award in light of the parties’ stipulation and the absence of a showing that the trial court committed reversible error on the record presented.

## Legal Principles

- Constructive contempt includes the willful disobedience of any lawful judgment of the court, including judgments ordering payment of child support or spousal support. La. C.C.P. art. 224(2).
- To find constructive contempt, the court must determine the contemnor violated the order intentionally, knowingly, and purposely, without a justifiable excuse.
- A trial court has broad discretion to decide whether contempt occurred, and an appellate court reverses only for abuse of discretion.
- For contempt based on disobeying an order to pay child support or spousal support, the court may impose a fine and/or imprisonment within the limits set by statute. La. R.S. 13:4611(1)(d).
- A determinate jail term imposed for past noncompliance with a support judgment is not automatically invalid in this setting merely because it lacks a purge clause.
- When parties stipulate to support-related matters, appellate review generally does not reopen those agreed terms absent a clear basis in the record to set them aside.

## Conclusion

The First Circuit affirmed a fourteen-day jail sentence after concluding the trial court acted within its discretion in finding Mr. Leger willfully failed to pay court-ordered child support and alimony, rejected his claim that the sanction was improper because it lacked a purge provision, and left the child-support amount undisturbed where the parties had stipulated to most underlying support issues and no reversible error was shown.


Leger v. Leger, 808 So. 2d 632 (2001)