Satterwhite v. Satterwhite
Satterwhite v. Satterwhite
Opinion of the Court
This is an action for contempt. The appellant, Mrs. Satterwhite, was found to be in willful contempt of a previous court order, was denied an increase in child support, and ordered to pay $500 in attorney’s fees to the respondent, Reverend Satterwhite. We affirm all portions of the lower court’s contempt order and remand the prior order with directions to the Family Court to make it more specific as to Reverend Satterwhite’s visitation rights.
In the first action in this case, instituted by Mrs. Satter
The Reverend instituted a contempt action against his wife in January of 1980 claiming that his wife had willfully violated the court’s order regarding visitation, that she had failed to assume her car payments, and that she had failed to cooperate with him in obtaining the items of personalty.
Mrs. Satterwhite takes exception to the Family Court’s finding that she was in willful contempt of the terms and provisions of the court’s order of August 14,1979 with respect to Reverend Satterwhite’s visitation rights. She takes the position that the preponderance of evidence fails to demonstrate any clear and specific acts or conduct constituting contempt. The Family Court cited three specific acts of contempt which we find to be amply supported by the evidence presented. The order provides for Reverend Satterwhite to have weekend visitation with the childen at regularly scheduled intervals. During November 1979 Reverend Satterwhite went to Fayetteville on a designated weekend to pick up the children. Mrs. Satterwhite refused to permit visitation and the Reverend did not see the children that weekend. Mrs. Satterwhite herself admitted that she denied Reverend Satterwhite visitation on this weekend. This admitted violation of the court’s order was sufficient to support a finding of contempt.
The order states that the Reverend was to have the children for one week “beginning on December 25” without stating at what time on that day. The Rever
Finally, with respect to visitation, Mrs. Satterwhite has on numerous occasions willfully failed to comply with that part of the court’s order requiring her to meet her husband halfway on the weekends that he is entitled to the children. Accordingly, the finding of contempt for the visitation violations is affirmed as is the requirement that Mrs. Satterwhite post a $5,000 bond to insure her future compliance.
Mrs. Satterwhite next claims that she is financially unable to make her car payments. However, the record shows that Mrs. Satterwhite had the means to make those payments but chose to spend the money on other items. The part of the order requiring Mrs. Satterwhite to reimburse her husband for the $1,935 in car payments he made on her behalf is affirmed.
With regard to the items of personalty, the trial judge properly held Mrs. Satterwhite in contempt for willfully withholding these items from her husband. The preponderance of evidence does not substantiate her claim that the Reverend never sought to obtain the property.
Section 20-7-1350. Penalties for violations by adults. Any adult who willfully violates, neglects or refuses to obey or perform any lawful order of the court, or who violates any provision of this chapter, may be proceeded against for contempt of court. Any adult found in contempt of court may be punished by a fine or both fine and imprisonment, in the discretion of the court, but not to exceed imprisonment for one year or a fine of fifteen hundred dollars, or both.
There was also no abuse of discretion by the trial judge in refusing to increase the amount of child support. In addition to the $300/month, the Reverend is also pay
Finally, because Mrs. Satterwhite’s deliberate and willful actions caused this lawsuit, we affirm the award of attorney’s fees to the Reverend.
Accordingly, the judgment below is affirmed but remanded with instructions to spell out the Reverend’s visitation rights in a more specific manner.
Affirmed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.