Pugh v. Pugh

Patton J.

I

Appellant’s propositions of law one and two are related and will be discussed together. In his first proposition, appellant contends that in a contempt proceeding, the appellee has the burden of proving by clear and convincing evidence that the appellant purposely failed to comply with the terms of the divorce decree. In his second proposition of law, appellant contends that in determining whether he purposely failed to comply with the divorce decree, his inability to comply with the decree is not an affirmative defense but an issue of evidence. These contentions are without merit.

Wi…