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SMITH v. SMITH

No. 80-800.

427 A.2d 928 (1981)

Earmon SMITH, Appellant, v. Gwendolyn SMITH, Appellee.

District of Columbia, Court of Appeals.

Decided February 6, 1981.

As Amended March 5, 1981.

Attorney(s) appearing for the Case

A. Palmer Ifill, Washington, D. C., for appellant.

Brandon J. Fields, with whom Richard Boswell, Supervising Atty., Washington, D. C., was on the brief, for appellee.

Before NEWMAN, Chief Judge, and GALLAGHER and FERREN, Associate Judges.

FERREN, Associate Judge:

This case presents a central question: whether the trial court abused its discretion by ordering appellant, without a hearing, to return to prison for failure to meet his child support obligations under the terms of a stay of a prior commitment for contempt. Before the court ruled, appellant had filed a motion to reduce support payments alleging inability to pay. Accordingly, the trial court's finding that appellant offered no defense or justification...

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