Schroeder v. Schroeder

Defendant appeals from an order wherein the trial court found the defendant in contempt of court for failing to make division of estate payments and support payments pursuant to a divorce judgment. On appeal, the defendant contends the order should be reversed for the following reasons: (1) the contempt proceedings actually constituted criminal contempt, and (2) the contempt proceedings do not lie to enforce the provisions of a divorce judgment debt.

CRIMINAL VERSUS CIVIL CONTEMPT

In reviewing a contempt determination, the real character of the proceeding is determined by the relief sought. If…