Forte v. Forte

PHILLIPS, Judge.

The only question presented by defendant’s appeal is whether the order deeming plaintiff not to be in contempt of court was erroneous. Since the evidence clearly indicates that plaintiff was able to make the payments ordered but chose not to do so, the defendant contends that we should remand the case to the trial court with instructions to find him in contempt of court. The law does not permit us to do that, however, for wilfulness is also a requisite of contempt, Jones v. Jones, 52 N.C. App. 104, 278 S.E. 2d 260 (1981), and the record does not establish that plaintiffs…