Tag Archives: Alimony

Alimony Award After Pension Matures

Alimony Award After Pension MaturesAlimony Award After Pension MaturesIn this divorce action, the Georgia Supreme Court affirmed the judgment.  The parties settlement agreement awarded the Wife alimony in the amount of $1,250 per month, once her husband’s pension matures.  She complained that the Court made an error when it failed to utilize the time rule formula in determining the parties’ interest in the pension.  However the Court found that the Wife induced the alleged error in urging the trial court to evaluate and distribute the pension as alimony.

The Wife also complained that the Court made an error when it evaluated the alimony payment based on the assumption that the husband ceased participation in the pension plan beginning on August 31, 2009.  However, 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 the court did not find an error.

Next, the Court found that the trial court did not abuse its discretion in dividing the parties’ marital assets; and the trial court did not err in ruling that the Wife 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 Georgia Supreme Court found 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.

Alimony Award After Pension Matures – For more information abut his case see Hammond v. Hammond, S11F1978, (02/06/12)

Alimony Award After Pension Matures – If you have questions about an uncontested divorce and/or creating an Alimony award that is in compliance with Georgia law – Contact the Remboldt Law Firm at 404-348-4081 for a FREE phone consultation.

If you are considering an uncontested divorce, you may find the UNCONTESTED DIVORCE WORKSHEET helpful in moving forward with an uncontested divorce.

 

Contempt attorney fees and expenses for family therapist.

Divorce TopicsContempt Attorney Fees and Expenses for Family Therapist: In this contempt action following entry of Dr. Scott Bowerman and Melissa Bowerman’s divorce and custody decree and subsequent related orders, the Court of Appeals reversed the grant of $5.8K in attorneys’ fees and expenses to Dr. Bowerman and the award of $3.4K in reimbursement for Dr. Bowerman’s payments to Susan Boyan, a licensed marriage and family therapist, holding that the trial court grievously erred in making such an award, since it ordered that Dr. Bowerman ‘ “[m]ay deduct the total amount, $9,200.00 from the payment of periodic alimony [$10,000 per month] at the rate of $1,500.00 per month,” ’ since, ‘ “after a decree for permanent alimony has become absolute, there is no authority given under the law by which a trial court is empowered to abrogate or modify the obligation imposed by the decree, unless such a right has been reserved by consent of the parties in the final decree itself, or an action is brought as provided under” ’ OCGA § § 19-6-18 through 19-6-25.

However, the Court rejected Melissa Bowerman’s contention that the trial court erred in finding her in contempt ‘ “by failing to articulate which specific provision of any prior order” ’ she had violated, since the trial court’s various orders incorporated the terms of the parties’ agreements, which included very specific, all-encompassing requirements, including express language of commands directed at both parties. The Court also held that the lack of a transcript prevented the trial court from reviewing Melissa Bowerman’s second and sixth enumerations of error and prevented Melissa Bowerman from showing harm from any alleged error in the trial court’s modification of summer visitation. Next, the record belied Melissa Bowerman’s contention that the trial court made any modification to the order granting equal rights to the parties, unless they are unable to agree regarding healthcare. Finally, the trial court’s order requiring Dr. Bowerman and his daughter to enter into counseling did not alter legal custody, and the Court declined to consider the daughter’s affidavit, since she did not testify at the contempt hearing, denying her father the right to cross-examine her.

For more information about the facts of this case, see:  Bowerman v. Bowerman, A11A1895 (03/01/12)

Fulton County Daily Report, March 16, 2012

If you have questions about a divorce settlement agreement, contempt, or if you considering filing a divorce, please contact the Remboldt Law Firm, LLC at 404-348-4081 for a free phone consultation.

GA Supreme Court partially reversed the order retroactively extinguishing alimony obligation.

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

GA trial court did not err by ordering alimony for wife because wife is disabled and husband’s income is sufficient to pay.

Final judgment of divorce, affirmed; trial court did not err by ordering alimony for wife because wife is disabled and husband’s income is sufficient to pay for wife’s health insurance for two years and car payments for one year; evidence supported trial court’s division of marital property; contrary to husband’s contention, trial court did not hold him in contempt of temporary order, because trial court specifically found that his disobedience of temporary order was not willful.

McDonald v. McDonald, S11F0112 (06/13/11)

Fulton County Daily Report, June 24, 2011

GA order on petition for contempt in divorce case, PARTIALLY REVERSED, since trial court ERRED in ruling that husband was not obligated to pay termporary alimony payments that were payable prior to entry of remittitur in this case.

Order on petition for contempt in divorce case, PARTIALLY REVERSED, since trial court ERRED  in ruling that husband was not obligated to pay termporary alimony payments that were payable prior to entry of remittitur in this case; temporary award continues in effect until entry of remittitur in trial court and, from that date on, any permanent award in final judgment takes effect; trial court did NOT ERR in in holding that temporary child support remained in effect until remittitur was entered;  husband was not in contempt for failing to make July and August, 2009 child suppport payments, since he tried to mail July check, but wife failed to sign for it, and he brought August check to August hearing; husband was not in contempt for failing to remove wife’s name from mortgage as he was unable to refinance property and demonstrated need for adidtional time to do so; husband was in contempt for failing to maintain life insurance paolicy in amount of $3M naming wife as successor trustee, despite any tax purposes for doing otherwise, as divorce decree expressly stated that he would do so; inlight of husband’s contempt, case remanded for determination of wife’s motion for attorney’s fees.

Robinson v. Robinson, S10A0929 (10/04/10), 10 FCDR 3170

From:  Fulton County Daily Report, 10/15/2010.

GA judgment refusing to modify downward husband’s alimony payments to his former wife, REVERSED.

Judgment refusing to modify downward husband’s alimony payments to his former wife, REVERSED; trial court erred in determining that language of parties’ settlement agreement established obligation for payment of lump sum alimony rather than periodic alimony, since provision provided that wife’s death would end husband’s alimony obligation for 180 payments in certain specific amounts; amount of husbands total alimony obligation was made uncertain because of contingency regarding wife’s survival; portion of trial court’s judgment finding lump sum alimony obligation and consequent ruling on merits of husband’s petition for alimony modificaiton REVERSED and case remanded for trial court’s consideration.

SHEPHERD V. COLLINS, s07a1658 (02/11/08), 08 FCDR 414

Fulton County Daily Report, 02/22/2008.

Lump Sum Alimony AFFIRMED, value of marital property exceeded that amount.

Judgment AFFIRMED, in parties’ divorce case; trial court DID NOT ERR in awarding wife $200K in lump sum equitable property division, since evidence authorized jury to find that value of marital property exceeded that amount; $600K lump sum alimony award was not excessive, given evidence that husband owned more than $1.6M in property and that his gross monthly income exceeded $16.6K; husband failed to present evidence of his inability to pay property and alimony awards in timely fashion.

Wier v. Wier, S10F0553 (06/28/10), 10 FCDR 2062

From:  Fulton County Daily Report 7/9/2010

GA trial court DID NOT abuse its discretion in awarding wife $50K in lump sum alimony, since evidence supported trial court’s findings regarding husband’s income level.

Judgment AFFIRMED in parties’ divorce action; trial court DID NOT abuse its discretion in awarding wife $50K in lump sum alimony, since evidence supported trial court’s findings regarding husband’s income level; trial court DID NOT abuse its discretion in determining that home in Tattnall county was wife’s separate property, since husband quitclaimed any interest he had in property to wife prior to their second marriage; trial court DID NOT abuse its discretion in awarding wife her retirement account, given trial court’s diligent separation of parties’ assets and overall asset distribution; trial court DID NOT err in calculating child support; evidence of husband’s adulterous acts during parties’ second marriage revived his prior acts during their first marriage as admissible evidence; trial court DID NOT abuse its discretion in awarding wife attorneys’ fees; husband had reasonable notice that trial court would consider wife’s contempt claims based on unpaid child support at divorce trial.

Wood v. Wood, S07F1474 (01/08/08), 08 FCDR 66

From:  Fulton County Daily Report (01/25/08)

GA Appellant sought to modify lump sum alimony which is non-revisable division of property even though jury’s called payment periodic alimony.

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)

GA Court order that executed upon affidavit of non-compliance by wife’s counsel, is prohibited!

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.