This section contains the nature of the case and procedural background.

H and W’s divorce decree included a provision for H to pay child support for his stepdaughter to the sum of $30 per week. H eventually fell behind on payments. The judge found H in default of $1729.95 and adjudged him to be in contempt. H was sentenced to 179 days in jail. H reasons that there exists no legal duty independent of the agreement to support his stepchild and that this was a voluntary contractual obligation and hence he cannot be incarcerated for a failure to pay. This appeal resulted.

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