Fambrough v. Cannon, 23035
| Decision Date | 13 September 1965 |
| Docket Number | No. 23035,23035 |
| Citation | 221 Ga. 289,144 S.E.2d 335 |
| Parties | Jackie Reece FAMBROUGH v. Sybil Fambrough CANNON. |
| Court | Georgia Supreme Court |
Doyle C. Brown, Marietta, for plaintiff in error.
No appearance for defendant in error.
Syllabus Opinion by the Court
The parties to this contempt proceeding were divorced on June 29, 1964. Prior to the divorce decree but while such action was pending, they entered into a written contract whereby the father agreed to pay the mother $300 per month for the support and maintenance of their four minor children and the contract was by agreement incorporated in and made a part of the decree. Since such decree was entered, he has paid her $1,650 for the support and maintenance of their children, leaving a balance due on the decree of $450. The mother filed a proceeding against him and prayed that he be held in contempt of the court for his failure and refusal to comply with the terms of the decree. His defense to her proceeding was that the decree did not 'order' him to pay the monthly amounts fixed thereby and that he was financially unable to comply fully with its terms. The evidence shows that he has good health and is by trade a cabinetmaker. However, he testified that he had been out of work for three weeks prior to the contempt hearing but had three jobs coming up which would be ready for him within a week. He was adjudged in contempt for his failure and refusal to make in full the monthly payments awarded for the support and maintenance of his children but the order provided that he could purge himself of the contempt by paying the amount due in three subsequent payments at specified times in the future. The exception is to that judgment. Held:
1. Where, during the pendency of a divorce and alimony suit, the parties enter into a written contract whereby they settle alimony rights, including support and maintenance for their minor children, and such contract is approved by the court and by agreement incorporated in and made a part of the final decree, it thus becomes and is an adjudication of that issue and enforceable as any other judgment or decree for alimony, including child support. Hence, there is no merit in defendant's contention that such a decree cannot be enforced by contempt proceedings. Wilson v. Chumney, 214 Ga. 120(1), 103 S.E.2d 552, and citations.
2. Since the evidence shows that the defendant has good health and is by trade a cabinetmaker but who is only...
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Murray v. Murray
...Court, 248 Cal.App.2d 157, 56 Cal.Rptr. 222 (1967), Spabile v. Hunt, 134 Vt. 332, 360 A.2d 51 (Sup.Ct. of Vt.1976), Fambrough v. Cannon, 221 Ga. 289, 144 S.E.2d 335 (1965). This court has indicated its concurrence in the view that present inability is a good defense only where contumacious ......
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McClain v. McClain
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