O'Connor v. O'Connor
WI.262 , 180 N.W.2d 735, 2d 535 (1970)(48 Wis)
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Descripción editorial
Warren B. O'Connor, the defendant, was legally separated from his wife, the plaintiff Mary Ann O'Connor, on November 23, 1964.
The judgment of legal separation, which was not entered until November 19, 1965, provided for alimony and support, custody
of the children, a division of the estate, and for a contribution toward the plaintiff's attorneys' fees in the sum of $2,000
in addition to $250 previously ordered, together with disbursements of $350; said payments to be made within one year. From
that time until December, 1969, Warren O'Connor was found in contempt of court at least four times for failure to pay alimony
and support money; and on two of the occasions the contempt included his refusal to pay the ordered sum toward attorneys'
fees. During this time, considerable bitterness between the parties was shown over the custody of the children and visitation rights.
On December 8, 1969, the court had before it four motions. Warren O'Connor petitioned the court for a transfer of the custody
of five minor children to him and he also sought an order holding his wife in contempt for violating his visitation rights.
Mary Ann O'Connor had a motion to hold the defendant in contempt for nonpayment of alimony and support; and her attorneys
Barrock & Barrock moved for a money judgment for their fees. The trial court denied the motion to transfer the custody,
held Mrs. O'Connor in contempt, modified visitation rights, denied the attorneys' motion for a money judgment but held Warren
O'Connor in contempt because of his failure to pay the attorneys' fees as ordered. Testimony was taken on some of the motions
but none of it related to O'Connor's ability to pay. O'Connor was sentenced to six months in the House of Correction, the
sentence to commence in two months if he did not purge himself by the payment of $1,945.46.