Turner v. Turner
Court of Appeals of Tennessee
919 S.W.2d 340 (1995)
After divorcing Turpin (plaintiff), Turner (defendant) was repeatedly held in contempt over several years for failing to pay court-ordered child support, unsuccessfully seeking reductions each time he alleged financial incapacity; following a later contempt motion alleging both support delinquency and abuse/harassment of Turpin and the children, the court held Turner in both criminal and civil contempt, summarily suspended his visitation rights after he failed to pay a purge amount, and again denied his request to reduce his support obligation. Turner appealed the visitation suspension.
Whether a court may suspend a noncustodial father's visitation rights on the basis of his failure to pay child support where he alleges, without contradictory evidence, that he cannot afford to pay.