Cross v. Ivester, 315 Ga. App. 760

Cross was found in wilful contempt for failing to pay back child support totaling $22,810.15 under an amended consent order and was ordered incarcerated with work release conditional on payment and fees.
Amended consent order, effective July 15, 2008, reduced or modified Cross’s monthly child support and required partial payment toward arrearage and ongoing support of $650 plus $250 toward arrearage; Cross paid minimal amounts thereafter.
After a contempt hearing on June 15, 2011, the court found wilful contempt and scheduled work-release confinement with a condition to purge by payment of past due and current support and $1,000 in attorney fees; $5,000 payment toward arrearage by July 1, 2011 would suspend incarceration.
The trial court also modified Cross’s visitation schedule during the contempt proceeding and, on August 19, 2011, revoked Cross’s work release for 10 days after a violation of work-release terms.
Cross sought discretionary review; the trial court later ordered Cross released pending appeal and the appellate court ultimately affirmed the judgment.
Cross challenged (1) contempt finding, (2) visitation modification, (3) temporary revocation of work release, and (4) failure to release during appeal; the court affirmed all aspects.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the contempt finding wilful?	Cross lacked ability to pay; failure to show ability to purge.	Court properly found willful contempt; burden on Cross to show inability to pay.	No gross abuse; contempt sustained
Did the court properly modify Cross’s visitation?	Need more time to prepare; venue concerns.	Court had statutory authority to modify during contempt; no error.	Modification affirmed
Did the court exceed authority by revoking work release temporarily?	Need clearer limits on movement; overreach.	OCGA § 42-8-130 allows revocation for noncompliance; within authority.	No authority exceeded
Was there a failure to grant supersedeas during appeal?	Should have been granted supersedeas under OCGA § 5-6-13 (a).	No compliance with § 5-6-13; immediate release after discretionary appeal was proper.	No reversible error; judgment affirmed

Hunter v. Hunter, 289 Ga. 9 (Ga. 2011) (trial court has broad discretion in contempt; not reversed absent gross abuse)
Hughes v. Dept. of Human Resources, 269 Ga. 587 (Ga. 1998) (inability to purge if no ability to pay; release mandated when purge impossible)
Darroch v. Willis, 286 Ga. 566 (Ga. 2010) (burden on contemnor to show exhaustion of resources to comply)
Mahaffey v. Mahaffey, 238 Ga. 64 (Ga. 1976) (burden on one refusing to pay to show diligent effort to comply)
Vickers v. Vickers, 220 Ga. 258 (Ga. 1964) (evidence of inability to pay; partial payments may indicate good faith)
Scruggs v. Scruggs, 184 Ga. 853 (Ga. 1937) (affirming contempt where contemnor failed to show earnings and effort)
Weiner v. Weiner, 219 Ga. 44 (Ga. 1963) (burden to show exhaustion of assets for inability to pay alimony or support)
Gildar v. Gildar, 309 Ga. App. 730 (Ga. App. 2011) (trial court authority to modify visitation during contempt proceeding)
Blake v. Spears, 254 Ga. App. 21 (Ga. App. 2002) (supersedeas rights in contempt cases under OCGA § 5-6-13)