In this divorce action, the Supreme Court affirmed the judgment awarding Gay H. Hammond alimony in the amount of $1,250 per month, once her husband’s pension matures, holding that she could not complain of any error in the trial court’s failure to utilize the time rule formula in determining the parties’ interest in the pension, after she induced the alleged error in urging the trial court to evaluate and distribute the pension as alimony. The Court also held that the trial court did not err in evaluating the alimony payment based on the assumption that the husband ceased participation in the pension plan beginning on August 31, 2009, since the parties introduced evidence evaluating the pension as of that date and neither party took steps to obtain and present updated pension values as of the hearing date. Next, some evidence supported the trial court’s valuation of the amount of alimony stemming from the husband’s pension; the trial court did not abuse its discretion in dividing the parties’ marital assets; and the trial court did not err in ruling that Hammond would be entitled to claim at least one-half of the mortgage interest deduction in any calendar year, after awarding her the marital residence. Finally, the trial court did not abuse its discretion in requiring Hammond to indemnify her husband and hold him harmless for the debts, which the trial court ordered her to pay, and the trial court did not abuse its discretion in awarding Hammond $4,074 in attorneys’ fees. Hunstein, C.J., concurred in Divisions 1, 2, 4 and 5 and in the judgment only.

Hammond v. Hammond, S11F1978, (02/06/12)

Fulton County Daily Report, February 10, 2012

The Court of Appeals affirmed the denial of Robert W. Leavenworth’s motion for an award of attorneys’ fees and costs against his daughter’s maternal grandparents after the juvenile court dismissed the grandparents’ deprivation action against him, holding that the juvenile court properly concluded that it was not authorized to impose attorneys’ fees under O.C.G.A. § 9-15-14. The juvenile courts have not adopted O.C.G.A. § 9-15-14, there is no implicit attorneys’ fee award for frivolous litigation in the Juvenile Court Code, and English v. Milby, 233 Ga. 7 (1974), holds that the Civil Practice Act does not apply to juvenile courts.

In the Interest of T. M. M. L., A11A 1589 (01/24/12)

Fulton County Daily Report, February 3, 2012

The Supreme Court partially reversed the order retroactively extinguishing William Branham’s alimony obligation to his former wife Jenny Nicholson f/k/a Branham, holding that the trial court’s order vitiated the finality of the judgment obtained as to each past due installment and was therefore clearly contrary to the rule set forth in Hendrix v. Stone, 261 Ga. 874 (1992). However, the Court affirmed that portion of the order providing that each party would be responsible for his or her own attorneys’ fees, holding that Nicholson waived her right to challenge the order under O.C.G.A. § 19-6-19 (b), where she acquiesced in the trial court’s ruling, never requested attorneys’ fees and failed to provide any evidence supporting a claim for attorneys’ fees.

Branham v. Branham, S11A1896 (01/09/12)

Fulton County Daily Report, January 13, 2012

Judgment of father’s petition for legitimation and visitation, partially vacated; absent transcript, record presumably supported trial court’s findings that custody and visitation decision was in child’s best interest, and evidence presumably supported trial court’s findings regarding child support; grant of $2.5K in attorneys’ fees to mother, vacated, and case remanded, as trial court’s order failed to specify any basis for award.

Charlot v. Goldwire, A11A0684 (07/01/11)

Fulton County Daily Report, July 22, 2011

Trial court’s final judgment of divorce and order holding wife in contempt of temporary order, AFFIRMED;  evidence of parties’ assets as well trial court’s statement that it did not find wife’s testimony credible showed that trial court did not abuse its discretion in dividing marital property; trial court did not err in failing to award wife attorneys’ fees because record showed that trial court properly considered relative financial positions of parties; wife’s argument that trial court erred at conclusion of trial in ordering her to pay $76K balance on line of credit she took out on parties’ marital residence because she had no notice that such order would be issued, REJECTED, as trial court informed parties that it was considering such order, and line of credit was significant part of trial; wife’s argument that trial court could not issue such order because order prohibiting-her from taking out line of credit in first place was part of former divorce action which was subsequently dismissed, also rejected; even if trial court erred by referring to prior order, trial court had discretion to issue current order because it heard evidence that wife had been dissipating significant marital asset without notice to husband; trial court did not abuse its discretion in finding, despite her testimony to contrary, that wife had ability to pay remaining $8K of the 76K ordered by trial court and holding her in contempt for failure to do so; trial court did not err in denying wife’s motion for findings of fact and conclusion of law because wife moved for findings of fact after entry of judgment, and case was not so complex as to make appellate review impossible without specific findings.

Hunter v. Hunter, S10F1792 (03/25/11).

Fulton County Daily Report (April 8, 2011)

Award of attorneys’ fees to mother, VACATED, and case remanded, but order establishing child custody, visitation and support, AFFIRMED; trial court did not err in failing to make findings of fact regarding alleged deviation based on zero income of mother because father failed to show that trial court made deviation that required findings of fact; trial court’s determination that mother had no monthly gross income and its decision to omit from Schedule D father’s cost of health insurance premiums, assumed correct, because father failed to include transcript of hearing in record on appeal, and father made no assertion that he was aggrieved by fact that Schedule D failed to set forth any amount for insurance premiums; trial court did not err in failing to make findings of fact with respect to adjustment for mother’s work related child care costs because evidence did not show that adjustment was deviation; finally, as mother conceded, trial court erred by failing to make findings of fact sufficient to support its award of attorney’s fees.

Kennedy v. Kennedy, A11A0427 (05/16/2011).

From:  Fulton County Daily Report (06/3/2011)

Order granting father’s petition to modify child custody rights awarded to mother in parties’ prior divorce decree, PARTIALLY REVERSED; mother’s claim of error in trial court’s custody award, DISMISSED, as child turned 18 shortly after instant appeal was docketed; trial court ERRED to extent that it required mother to pay child support pursuant to OCGA 19-6-15 (e), with no limit as to age, because financial assistance after child reaches age of majority but is still in secondary school is only required until child reaches age 20; trial court’s award of attorneys’ fees to father, VACATED and case remanded, because original award of attorneys’ fees failed to include statutory basis for award of findings authorized award, and no evidence showed that mother received proper notice or opportunity for hearing.

Francis-Rolle v. Harvey, A11A0357 (05/05/11)

From:  Fulton County Daily Report, May 20, 2011

Trial court’s orders entered in post-divorce litigation, AFFIRMED; trial court did not abuse its discretion in finding mother in contempt for taking parties’ 11 year old son to counseling because trial court’s previous order gave father final decision-making authority for child’s health and medical issues, and father disapproved of therapist to whom mother took child; trial court DID NOT ERROR when, after finding that mother withheld visitation from father, it dismssed contempt, visitation, and custotdy portions of mother’s petition and did not permit mother to present evidence on merits of dismssed claims, pursuant to O.C.G.A. 19-9-24 (b); because Mother filed current petition for modification of child support 11 moths after trial court dismissed her earlier petition for modification of child support, trial court DID NOT ERROR in dismissing portion of mother’s petition seeking modification of child support, pursuant to O.C.G.A. 19-6-15 (K)(2); trial court DID NOT ERROR as matter of law when it refused to allow guardian ad litem to interview chid’s thereapist without father’s consent because mother previously consented to entry of modified consent order appointing guardian ad litem and providing that guardian was not authorized to speak with child’s thereapist without permission of both parents; trial court did not abuse its discretion when it ordered mother to pay remainder of fees owned guardian ad litem because mother was not prevailing party, and no statue required that trial court consider parties’ relative financial circumstances when apportioning share of guardian’s fees pursuant to consent order; trial court DID NOT ABUSE its discreton in declining to apply rule of sequestration to unidentifed woman in courtroom because woman did not testify; trial court did not lack jurisdiciton to deny mother’s motiuon to set asside ward of attorney’ fees, despite fact that mother previously filed notice of appeal from underlying judgment, because underlying judgment was final, and trial court’s award of attorneys’ fees did not supplement, amend, lter, or modify that judgment; mother’s application for discretionary review of denial of her motion to set aside award of attorney’s fees, proper, because where both OCGA 5-6-34 (a) are involved, application for appeal is requiered when uderlying subject matter of appeal is listed in 5-6-35(a).

Avren v. GArten, S11A0064

From:  Fulton County Daily Report, May 27, 2011

Order granting father’s petition to modify child custody rights awarded to mother in parties’ prior divorce decree, PARTICIALLY REVERSED; mother’s claim of error in trial court’s custody award, DISMISSED, as child turned 18 shortly after instant appeal was docketed; trial court ERRED to extent that it required mother to pay child support pursuant to O.C.G.A. 19-6-15 (e), with no limit as to age, because financial assistance after child reaches age of majority but is still in secondary school is only required until child reaches age 20; trial court’s award of attorneys’ fees to father, VACATED and case remanded, because original award of attorneys’ fees failed to include statutory basis for award or findings authorizing award, and no evidence showed that mother received proper notice or opportunity for hearing.

Judgement modifying final divorce REVERSED, as trial court erred in modifying decree in order that each ‘ “party shall pay fifity percent of all reasonable medical expenses not covered by the minor child’s medical insurance’ ” since parties settlement agreement specifically expressed that father was to be responsible and pay for all reaonable and necessary uninsured medical, dental and orthodontic expenses; trial court did not err in refusing to find father in contempt of his obligation under settlement agreement to provide health insurance for child, since trial court did not declare that obligation to provide health insurance did not exist or purport to relieve father of that obligation; trial court erred infailing to find father in contempt for failing to pay child support and to impose sanctions, since father admitted on cross examination that his counsel stipulated to amount of his arrearages and Uniform Interstate Family Support Act (“UIFSA”) did not deprive trial court of jurisdiciton over that matter as UIFSA provides that tribunal in Georgia issuing suppport order has continuing jurisdicion with respect to modificaiton of child support orders where, as here, mother and child reside in Georgia and no evidence exists that parties have filed written consents to allow another state’s tribunal to assume continuing exclusive jurisdiction; trial court erred in ruling that father was not in contempt for failing to comply with obligation to refinance 1998 Jeep Cherokee, resulting in mother being liable for 15K in outstnding debt; trial court should address issue on remand that father was in contempt for failing to comply with privision requireing him to pay mother’s divorce attorney $3,750 in attorney’s fees; trial court erred in ruling that father was not in contempt for violating privision in settlement requireing him to maintian life insurance coverage in the amount of 130K; trail court should address on remand mother’s contention that father should be held in contempt for failing to pay $228.60 of child’s uninsured medical expenses; trial court did not err in ruling that father was not in contempt for violating his  obligation to provide medial and dental insurance for child; trial court did not err in finding mother in contempt of decree for severing telephonic communication between father and child; case remanded for futher proceedings reguarding denial of mother’smotion for attorney’s fees under O.C.G.A. § 19-6-2.

Baars v. Freeman, S10A1779

From:  Fulton County Daily Report, April 1, 2011