Dismissal of motion for modification of alimony, AFFIRMED; as matter of law, obligation, which appellant sought to modify, consisted of lump sum alimony – 60 monthly payments of $500/month for total of $30K – which constituted non-revisable division of property and jury’s reference to periodic alimony was mere label, not statement of intent.

Rivera v. Rivera, S08A0775 (05/19/08), 08 FCDR 1694

From:  Fulton County Daily Report (05/30/08)

Order finding that appellant was not entitled to reimbursement of more than 11.5K in overpaid child support to appellee, REVERSED, as prior consent order clearly and unambiguously provided that appellant was entitled to be reimbursed if appellee received payments from both appellant and Social Security Administration, which resulted in overpayment of child support as provided in order.

Whitehead v. Peavy, A08A0344 (05/02/08), 08 FCDR 1591

From:  Fulton County Daily Report 05/16/2008)

Denial of father’s petition to legitimate his child, REVERSED; though he did not contact child after August 2004, father’s constant payment of financial support, coupled with his avowed interest in establishing and maintaining relationship with child, mitigated against finding of abandonment; case remanded for trial court to determine whether legitimation is in child’s best interest.

Binns v. Fairnot, A08A0207 (06/27/08), 08 FCDR 2317

From:  Fulton County Daily Report, 07/18/2008.

Order holding wife in contempt of parties’ divorce decree and declaring that wife would now pay 100 percent of costs associated with her supervised child visitation, AFFIRMED; trial court has express authority to modify visitation rights in contempt proceedings and cost in this case were directly associated with wife’s visitation privileges.

Carlson v. Carlson, S08A0704 (07/07/08), 08 FCDR 2286

From:  Fulton County Daily Report (07/18/2008)

Judgment in parties’ divorce case, REVERSED, as trial court erred in ruling that appellant was estopped from denying obligation to support appellee’s minor child, who was not appellant’s biological or adopted child; although appellant signed application to amend child’s birth certificate to list him as her father and give her his name and he allegedly promised to take care of her and be her father, there was no evidence that his promise caused appellee to forego valuable legal right to her detriment; appellant identified child’s biological father, acknowledged that child was aware of his identity and stated that she never sought support, because he did not want anything to do with child.

Judgment AFFIRMED in parties’ divorce case; trial court was not required to factor children’s private school tuition into its child support calculations and was not required to explain its decision in that regard, since it did not deviate from child support obligation table; trial court DID NOT ERR in failing to include dates for payment of modified child support payments in its temporary modification order, since original dates for payments, 15th and 30th day of each month, remained in effect, through final judgment, which changed payment dates to 1st and 15th day of each month; trial court acted within its broad discretion in setting amount and terms of payment of any attorney’s fee awards; trial court acted within its discretion in requiring wife to pay children’s heath insurance premiums through her employer-sponsored heath care plan.

Johnson v. Johnson, S08F1251 (09/22/08), 08 FCDR 2935.

From:  Fulton County Daily Report (10/03/08)

Award of primary physical custody of couple’s minor child to husband, AFFIRMED, as evidence supported finding that award was in child’s best interest;  wife’s allegations of sexual abuse were inconclusive, wife’s handling of allegations had negative effect on child’s relationship with her father, husband, who worked nights, had assistance with childcare and husband was able to provide for his child’s need.

King v. King, S08F0810 (09/22/08), 08 FCDR 2933.

From:  Fulton County Daily Report 10/03/2008)

Judgment for wife, which found husband in willful contempt for failure to pay alimony, child support and property division in parties’ final judgment and decree of divorce, PARTIALLY REVERSED, as self-executing incarceration order for failing to pay $18,383.81 arrearage was unenforceable and should be stricken from  judgment; order in question, which executed upon affidavit of non-compliance by wife’s counsel, was prohibited, since it depended entirely upon averments of interested party.

Hall v. Doyle-Hall, S08A0980 (09/22/08), 08 FCDR 2933

From:  Fulton County Daily Report, 10/03/2008.

Judgment for mother AFFIRMED 4-3;  Weaver v. Jones, 260 Ga. 493 (1990) decided question of whether father’s petition seeking declaratory judgment as to his obligation for past child support stated claim for relief; father needed direction from judicial tribunal to remove uncertainty regarding consequences of his planned future actions in continuing to deny mother’s claim of back-due child support based on his understanding of formula set forth in parties divorce decree.

Acevedo v. Kim F/K/A Acevedo, S08A0798 (11/03/08)

From the Fulton County Daily Report (11/14/2008).

Denial of mother’s petition to modify custody based on allegations that father touched children inappropriately while they visited him, REVERSED, and case remanded;  trial court did not abuse its discretion in denying mother’s petition, because evidence showing sexual abuse was not conclusive; trial court erred in refusing to consider additional evidence from witness discovered after hearing, but before final ruling, because trial court in custody action must consider all facts and conditions, which present themselves up to time of rendering final judgment.

Hardin v. Hardin, A10A0572 (04/06/10), 10 FCDR 1347

From:  Fulton County Daily Report (04/23/2010)