Conrad v. Conrad

ARNOLD, Judge.

Two questions are raised by plaintiff’s appeal. The first question, whether the trial court erred in failing to find defendant in contempt for wilful refusal to make alimony payments, will not be discussed since we find that the findings of fact by the trial court do not support the conclusion and the matter must be remanded. Upon remand if the court finds that defendant had the present means to comply with the August 1960 order but deliberately refused to comply, then defendant may be found in contempt. (See G.S. 50-16.7(j); Bennett v. Bennett, 21 N.C. App. 390, 204 S.E. 2d 554…