Gillis v. Gillis

Nichols, Chief Justice.

The husband appeals from a judgment finding him in criminal contempt and ordering him to be incarcerated for ten days for nonpayment of child support and attorney fees.

1. He enumerates as error the trial court’s order holding him in contempt. This court has held that imprisonment for nonpayment of financial obligations established by an order issuing out of divorce proceedings "is not imprisonment for debt where the contemnor is found to be able but unwilling to pay.” Ensley v. Ensley, 239 Ga. 860, 862 (238 SE2d 920) (1977), and cits. Ability to pay, as well as…