Ex parte McCrary

PEDEN, Justice.

In this original habeas corpus proceeding the relator, Stephen W. McCrary, seeks his discharge from custody to which he was committed after being found in contempt of court for failure and refusal to make child support payments in the amount of $7,000. He was ordered held in custody until payment of all arrearage and costs of court plus an attorney’s fee of $150.

Evidence of the relator’s ability to pay the arrearage was offered at the hearing on the motion for contempt filed by the relator’s former wife. The relator contends that the order of commitment is void and that he is…