Ensley v. Ensley

Jordan, Justice,

dissenting.

I dissent for the reasons stated in Brown v. Brown, 237 Ga. 122 (2) (227 SE2d 14), a unanimous opinion of this court concurred in by the author of the majority opinion.

In my opinion the ratio decidendi in Brown and Mathews v. Mathews, 222 Ga. 311 (149 SE2d 666) is sound law and should not be disturbed. Trial courts have generally been able to enforce alimony and child support payments by civil contempt, giving the contemnor "the keys to the jail” by allowing release upon condition of payment. I see no necessity to extend criminal contempt to this area of the law.

I respectfully dissent.