McNeal v. McNeal

The issue here is whether a counterclaim seeking modification of a permanent alimony award can be filed in answer to an application for contempt.

The parties were divorced in Spalding Superior Court on November 16,1973, and the wife-appellant was awarded the sum of $200 per month alimony. The father-appellee was awarded custody of the children. The wife filed an application for contempt against the husband-appellee in Spalding Superior Court on June 11, 1974, for failure to pay alimony. Appellee answered denying the arrearage and filed a counterclaim seeking modification of the original decree…