Bowerman v. Bowerman

The trial court grievously erred in ordering that the husband could deduct its award to him of $5.8K in attorneys' fees and expenses and $3.4K in reimbursement for payment to a licensed marriage and family therapist from his payment of periodic alimony.

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Melissa Bowerman appeals from the trial court’s order of April 29, 2011, holding her in contempt of her and Dr. Scott Bowerman’s divorce and custody decree and subsequent orders of the court regarding custody rights and visitation. Melissa Bowerman and Dr. Scott Bowerman were divorced in September 2006 by a final judgment and decree that incorporated a previously executed 28-page settlement agreement between the parties. A subsequent order of May 29, 2007, was entered, making certain modifications to visitation by Dr. Bowerman with the two children of the marriage, a daughter, B. L. B. born September 28, 1994, and a son, B. S. B. born April, 11, 1996, and to the counseling requirement for the parties and their children contained in the final judgment and decree. This order was also entered pursuant to the agreement of the parties.

Dr. Bowerman filed his petition for contempt in 2009 and Melissa Bowerman filed a counterclaim1 for contempt. On October 29, 2009, the trial court entered its interim order on petition for contempt and counterclaim for contempt, holding both parties in contempt for failing to comply with the divorce decree and ordering that Melissa Bowerman: “shall not interfere with the father’s visitation rights as established in the Divorce Decree, as modified by previous Order of this Court, including without limitation weekend, weekday, and holiday visitation . . . ; shall provide school uniforms, books and assignments to the children during periods of the father’s visitation; and shall provide the children’s medical bills to the father.” The order further directed that both parties “shall promptly notify the other of special events in the children’s lives as well as physical injuries and medical care to the children.” By separate order of the same date, the court also appointed Susan Boyan, a licensed marriage and family therapist, “to serve as a parenting coordinator in this action.” The order also noted that the “action shall remain pending until the Court’s receipt of reports from the parent coordinator.”

Bowerman v. Bowerman

The trial court grievously erred in ordering that the husband could deduct its award to him of $5.8K in attorneys' fees and expenses and $3.4K in reimbursement for payment to a licensed marriage and family therapist from his payment of periodic alimony.

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