Collins v. Billow

While agreeing with the majority that the trial court erred in holding Wife in contempt for failing to pay more than $140 per week in child support, I would not characterize that error as an abuse of discretion. A trial court acts as the trier of fact in a contempt action, and is vested with broad discretionary power when the evidence is conflicting. Yancey v. Mills, 210 Ga. 684, 685 (1) (82 SE2d 505) (1954). Here, however, there was no conflicting evidence upon which the trial court could exercise its discretion. As recited by the majority on page 605 of its opinion, the undisputed evidence…