In May of 1971 a divorce was granted between Linnie Diane Deese and John A. Deese. An agreement as to alimony, child support and other matters was made a part of such decree, under the terms of which the husband was required to pay $175 per month for child support until such time as the children reached the age of 21, married, died or became self-supporting. In November of 1971 the wife filed an application for attachment for contempt in which it was alleged that the husband had not made such payments nor paid attorney’s fees as were required to be paid under the original decree. A rule nisi was issued, hearings were held, and on May 18,1972 a final
The wife appeals from this final judgment and the sole enumeration of error complains of that part of the judgment reducing the amount of alimony and child support to be paid for a period of one year. Held:
"The judgment making the agreement of the parties the judgment of the court in the divorce and alimony action was the final adjudication of the liability of the appellant, and a proceeding to hold him in contempt was merely one method of enforcing that judgment. It has been repeatedly held that the trial judge has no authority in a contempt proceeding to modify the terms of a divorce and alimony judgment.
Roberts v. Mandeville,
"Where a father has been required by a final decree in a divorce case to pay a designated amount periodically as
Where, as in the present case, on a hearing of the rule for contempt no question of modifying the verdict or reducing the amount of alimony awarded by the jury was before the court, it was within the power of the court to provide the imposition of terms for the payment of past due instalments
(Curtright v. Curtright,
Judgment affirmed in part; reversed in part.
