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ALR Husband's right to alimony, maintenance etc

ALR Husband's right to alimony, maintenance etc - The...

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American Law Reports 2d © 1959 The Lawyers Co-operative Publishing Company; Bancroft-Whitney Company © 2004 West Group - Updated January 2001 Annotation HUSBAND'S RIGHT TO ALIMONY, MAINTENANCE, SUIT MONEY, OR ATTORNEYS' FEES H. B. Chermside, Jr. 66 A.L.R.2d 880 In action brought by former husband for contempt for former wife's failure to pay court-ordered child support, trial court properly awarded former husband attorney's fees where there was no allegation or evidence of bad faith on part of former husband, as former wife stipulated in court that there was arrearage in child support and presented no evidence to justify her failure to pay, thus justifying husband's action to enforce support order, and where husband alleged by verified motion and without contradiction that he lacked sufficient means to pay legal costs of action. Plott v. Plott, 74 N.C. App. 82, 327 S.E.2d 273 (1985).
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Unformatted text preview: The following additional authority is relevant to the issues discussed in this section: In contempt proceedings against wife for violating certain provisions of parties' divorce decree, trial court had authority to award husband attorney fees under statute authorizing attorney fees "[i]n all actions for divorce or for the recovery of alimony, maintenance or support in which a judgment of divorce has been issued or is pending and a contempt of court citation has been made against either party," although wife was held in contempt for violation of portions of decree relating to division of property, repair of former marital home and visitation, where, in addition to contempt finding, decree of court included change in custody of one of parties' children and reduction in child support. Hudson v. Hudson, 494 So. 2d 664 (Ala. Civ. App. 1986)....
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