Opinion
32249.
SUBMITTED APRIL 29, 1977.
DECIDED MAY 13, 1977.
Contempt. Fulton Superior Court. Before Judge Shaw.
John E. Feagin, Jr., M. E. Thompson, Jr., for appellant.
Claude Fulton Brackett, Jr., for appellee.
Appellant was found in contempt of court for failure to pay alimony and child support. This is the second time in the space of one year that appellant has appealed such a finding to this court. See Thompson v. Thompson, 237 Ga. 614 ( 229 S.E.2d 421) (1976). In this case, as in the former case, the amount of the arrearage was stipulated, and appellant defended on the ground of inability to pay.
The burden was on the appellant to show that "his failure to pay is due to a good faith inability to earn income and that he has in good faith exhausted all of the resources at his command in an effort to satisfy the decree." Brown v. Brown, 237 Ga. 122 ( 227 S.E.2d 14) (1976); Fambrough v. Cannon, 221 Ga. 289 ( 144 S.E.2d 335) (1965).
Appellant admitted that he had not sought more profitable employment in an effort to meet his obligations under the divorce decree. He also admitted that he owned a paid-for automobile, and had recently purchased a pick-up truck. Appellant also admitted being the owner of various interests in a corporation, a restaurant, and an investment partnership. In view of this evidence we cannot find that the trial court "grossly abused his discretion" in finding the appellant in wilful contempt of court.
Judgment affirmed. All the Justices concur.