Jarrell v. Jarrell

84 S.E.2d 328, 241 N.C. 73, 1954 N.C. LEXIS 553

Opinion

Per Curiam.

There is competent evidence in the Record to support His Honor’s findings of fact that the respondent acted in good faith in reducing his payments to $50.00 a month since Lorena Jarrell’s marriage, and in not making a payment of $50.00 a month while Roger Lee Jarrell was living with him, and that on that basis he is only $35.00 in arrears, which he is now ready to pay. Such findings of fact support His Honor’s conclusion that respondent has shown sufficient cause why he should not be held in wilful contempt of court. To constitute contempt the violation of the order to pay money for support of children must be wilful. West v. West, 199 N.C. 12, 153 S.E. 600; Vaughan v. Vaughan, 213 N.C. 189, 195 S.E. 351; Smithwick v. Smithwick, 218 N.C. 503, 11 S.E. 2d 455. Judge Hall was correct in ruling tbat tbe evidence failed to show a wilful contempt.

Affirmed.