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Lawskills.com Georgia Caselaw
PARR v. PARR.
34980.
MARSHALL, Justice.
Contempt, etc. Madison Superior Court. Before Judge Burruss.
This is an appeal from an order of the trial court finding the appellant former husband in contempt of court for failure to make monthly payments on the indebtedness owing on a mobile home and failure to execute the necessary documents to place full title to the mobile home in the appellee former wife, pursuant to an agreement incorporated in their divorce decree.
Weiner, 219 Ga. 44 (131 SE2d 561) (1963). Whether this burden has been met is a question for the trial court, and his decision will not be disturbed except for a gross abuse of discretion. Hawkins v. Edge, 218 Ga. 463 (128 SE2d 493) (1962)." Brown v. Brown, 237 Ga. 122 (227 SE2d 14) (1976).
We have reviewed this transcript and find no error in the trial court's ruling of wilful contempt. The evidence showed that the appellant had not conveyed to the appellee title to the mobile home subject to the mortgage on it. The appellant admitted the arrearage on the monthly payments, but testified that his net monthly income after all expenses is only $59.76; that he had been unable to obtain a loan from the bank, family or friends; and that his employer had decreased the number of hours he could work. On the other hand, the appellee testified that he had earned take-home pay of approximately $179 per week at the time they were married, as compared with his present average weekly take-home pay of $157.72.
2. "A judgment for attorney fees in a contempt case is proper where a finding of contempt is authorized. Code Ann. 30-219 (Ga. L. 1947, p. 292); Balasco v. Balasco, 235 Ga. 214 (219 SE2d 104) (1975)." Brown v. Brown, 237 Ga. 122, supra, p. 124. The award of attorney fees was authorized here.
Lane Fitzpatrick, for appellee.
H. W. Vaughn, Jr., for appellant.
SUBMITTED JUNE 1, 1979 -- DECIDED SEPTEMBER 7, 1979.
Friday May 22 02:53 EDT


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