Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Zeigler v. Butler
Citation: 410 So. 2d 93Docket: Civ. 3002
Court: Court of Civil Appeals of Alabama; February 9, 1982; Alabama; State Appellate Court
Dale Zeigler petitioned for a writ of habeas corpus after being jailed for child support arrears. Initially, on May 13, 1977, he acknowledged paternity and was ordered to pay $10 weekly for child support. In August 1979, he was found guilty of nonsupport, with arrears totaling $1,125, and jailed until he paid $500, which his mother provided. In June 1981, the child's mother filed another petition, resulting in a court finding Zeigler $1,445 in arrears and subsequent incarceration. Zeigler filed a habeas corpus petition on October 7, 1981, which was denied at a hearing on October 12. He appealed, and the appellate court stayed the order pending appeal. The primary issue was whether the trial court erred in not granting Zeigler's habeas corpus petition. The appellate court concluded that the trial court did err, as Zeigler demonstrated an inability to pay the arrears, supported by evidence of having no significant assets, losing his job due to imprisonment, and his essential living expenses exceeding his earnings. The law dictates that imprisonment for contempt cannot occur if the failure to pay is due to inability. The complainant also acknowledged Zeigler's inability to pay. Therefore, the appellate court reversed the trial court's decision and remanded the case with instructions to discharge Zeigler from custody. Judges Wright and Holmes concurred with the decision.