In Re the Marriage of Wegner , 1990 Iowa App. LEXIS 327 ( 1990 )

SACKETT, Judge

(specially concurring).

■ I specially concur. I agree with the majority when the appellate courts modified the trial court’s decree as to alimony, those modifications reverted back to the original decree. But until those modifications were made, Larry, unless he filed a supersedeas bond, was responsible to make payment under the trial court order.

Larry did not file a bond or make the payments required by the trial court decree during the pendency of the appeal. Even under the decree as modified on appeal, Larry was in arrears until only three days before the contempt hearing. These facts could have supported a finding of contempt had the trial court elected to make one. The trial court decided not to, and I defer to the trial court.

The prompt payment of the support ordered is extremely important to dependent spouses and children. The mere fact that an alleged contemptor finally gets current a few days before trial does not necessarily dictate he or she should not be found in contempt.