Crowder v. Crowder

• Decision Date: 06 April 1976
• Docket Number: No. 30930,30930
• Citation: Crowder v. Crowder, 225 S.E.2d 16, 236 Ga. 612 (Ga. 1976)
• Parties: Emily Claire CROWDER v. William Howerton CROWDER, III.
• Court: Georgia Supreme Court

Page 16

225 S.E.2d 16

236 Ga. 612

Emily Claire CROWDER v. William Howerton CROWDER, III.

No. 30930.

Supreme Court of Georgia.

April 6, 1976.

W. Ashley Hawkins, Forsyth, for appellant.

Clarke, Haygood & Lynch, Harold G. Clarke, Forsyth, for appellee.

INGRAM, Justice.

The essence of civil contempt involved in a proceeding to enforce payment of an alimony or child support award is wilful disobedience of the court's order. Georgia Divorce, Alimony, etc., § 14-1. See also Mason v. Mason, 232 Ga. 336, 206 S.E.2d 479 (1974).

The trial court in this case determined that the father had not wilfully disobeyed its earlier order which awarded child support in the amount of $40 per week. There is some evidence that some arrearage may be owed by the father, but we cannot hold the trial court abused its broad discretion in reaching the conclusion that the father had not wilfully disobeyed its order. If there is any evidence in the record to support a trial judge's determination that a party either has or has not wilfully disobeyed the trial court's order, the decision of the trial court will be affirmed on appeal. See Durham v. Spence, 228 Ga. 525, 530, 186 S.E.2d 723 (1972).

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