Ruling on contempt sanction partially reversed; trial court impermissiby modified divorce decree when it ordered ex-husband to pay his ex-wife $1875 in lieu of transferring one-half of his 401(K) account to her; contempt order did not merely clarify 401(K) provision in divorce decree, but transmuted award into presently-due-cash obligation; ample evidence supported trial court’s finding that ex-wife did not willfully disobey divorce decree provision requiring her to leave marital residence – run-down mobile home – in same condition; trial court did not fail to consider parties’ financial circumstances in awarding ex-wife $1,200 in attorney’s fees for contempt proceeding but trial court should reconsider fees on remand and consider revising it in its discretion to extent it was based on 401(k) issue; ex-husband waived right to closing argument at contempt hearing when he failed to request it.
Killingsworth v. Killingsworth, S09A1137 (11/23/09)
From: Fulton County Daily Report (12/4/2009)