Opinion
34882.
ARGUED MAY 14, 1979.
DECIDED MAY 31, 1979.
Contempt. Glynn Superior Court. Before Judge Knox.
George M. Rountree, for appellant.
Richard W. Littlefield, Jr., for appellee.
Under the terms of the applicable divorce decree, child custody was given to former wife, and husband was ordered to "pay all medical ... expenses for both ... children ... upon presentation to him by the wife of bills rendered for such medical and dental expenses."
Following the hospitalization of one child, wife demanded from husband payment of some $855.19 in bills for surgery and follow-up treatment. Husband refused to pay, and her petition for contempt was dismissed by the trial court.
The trial court erred in dismissing her petition. Husband was obligated to pay these bills, and it makes no difference that a sizable portion of the sums claimed was paid by insurance provided by wife at her own expense when husband refused to continue his insurance for this purpose. Cf. Anderson v. Powell, 235 Ga. 738 ( 221 S.E.2d 565) (1975); Wills v. Glunts, 222 Ga. 647 ( 151 S.E.2d 760) (1966).
Judgment reversed. All the Justices concur.