Upton v. Upton

GRAHAM, Judge.

Plaintiff contends the trial court was without jurisdiction to enter the contempt order because at the time it was entered, the order which plaintiff allegedly violated was pending on appeal in this Court. We agree.

An initial support order was entered in this cause on 28 August 1967. In that order plaintiff was ordered, among other things, to pay to defendant $60.00 a week for the support of their children and to make monthly mortgage payments in the sum of $170.00 on the home occupied by defendant and the children.

On 16 March 1971, plaintiff was found in default under this…