Bonn v. Bonn

The single issue presented by this appeal may be concisely stated. May a contumacious spouse be required to pay arrearage support payments, and prior awards of attorney fees, as a condition precedent to a hearing on a petition to modify the child visitation rights established by a prior divorce decree? Although this court strongly condemns any actions of this defendant-appellant designed to vex, harass, or annoy his former wife, our holding must be that the withholding of a hearing on a petition seeking visitation rights, where the paramount concern is the welfare of the children, is not a proper remedy for the contemptuous failure of a spouse to comply with prior support orders of the court.