Smith v. Smith

The Circuit Court of Montgomery County found the husband in contempt of court.

The husband, as a result of the contempt, was ordered to pay a compensatory fine to the wife. In the event the husband failed to comply with the court's order, he was to be imprisoned. Put another way, the husband was to be incarcerated if he did not pay the compensatory fine.

The husband, by writ of certiorari and appeal, is before this court.

The dispositive issues on appeal are whether the evidence supports the trial court's finding of contempt and whether the compensatory fine is subject to enforcement by contempt…