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

Judgement REVERSED in parties’ divorce case; undisputed evidence showed at least $18 difference in amount of child support set forth in parties’ separation agreement and amount mandated by child support guidelines, trial court’s order failed to set forth mandatory finding under O.C.G.A. § 19-6-15 for deviation from guidelines and wife’s voluntarily agreement to deviation could not chang this result; award of attorneys’ fees to husband following denial of wife’s motion for new trial/motion to set aside divorce decree, REVERSED, as fee award could not stand absent required findings of evidence of husband’s counsel’s work.

Holloway v. Holloway, S10F1417 (11/01/10), 10 FCDR 3471

From:  Fulton County Daily Report, 11/12/2010.

Judgement REVERSED in parties’ divorce case; undisputed evidence showed at least $18 difference in amount of child support set forth in parties’ separation agreement and amount mandated by child support guidelines, trial court’s order failed to set forth mandatory findings under O.C.G.A. § 19-6-15 for deviation from guidelines and wife’s voluntarily agreement to deviation could not change this result; award of attorneys’ fees to husband following denial of wife’s motion for new trial/motion to set aside divorce decree, REVERSED, as fee award could not stand absent required finds of fact and evidence of husbnad’s counsel’s work.

Judgment AFFIRMED in parties’ divorce action; absent transcript, evidence presumably supported award to wife of eight parcels of property, which were owned and titled exclusively in her name, and order requiring each party to bear responsibility for his or her own attorneys’ fees.

Dasher v. Dasher, S08F0386 (03/10/08), 08 FCDR 761

Fulton County Daily Report, 03/21/2008

Judgment in child support case, VACATED, as trial court erred in awarding child support without making required written findings under OCGA § 19-6-15(c)(2); trial court erred in ruling that both parties would be responsible for their own attorneys’ fees, since parties agreed that party found in contempt of consent order would be responsible for payment of other party’s attorneys’ fees and trial court found mother in contempt; case remanded with direction that trial court enter order consistent with § 19-6-15 and award of attorneys’ fees consistent with parties’ agreement.

Roberts v. Tharp, S09A1961 (03/01/10), 10 FCDR 516.

From:  Fulton County Daily Report, 03/12/2010)

Dismissal with prejudice of plaintiff’s complaint and award of attorneys’ fees to defendant, VACATED, as res judicata did not bar plaintiff’s action; Court previously reversed grant of declratory judgment to defendant in McLeod v. Clements, A09A0632 (06/25/09), 09 FCDR 2226 (07/10/09), because plaintiff was not provided with statutory notice per OCGA 9-4-5, so declaratory judgment hearing and decision was nullity and there was no legitimate litigation of issues in first action; award of attorneys’ fees to defendant based on plaintiff’s’ “wanton disregard of the judicial process”‘ infiling second action was improper.

From:  Fulton County Daily Report (10/09/09)

McLeod v. Clements, A09A1256 (09/21/09), 09 FCDR 3091

Attorneys:  R. Jerry McLeod (pre se), Stephen R. Sullivan

Judges: Richard M. Coward, Brooks Superior Court;  Georgia Court of Appeals:  Barnes, Miller, Andrews

Award of attorney’s fees to wife in parties’ divorce action, VACATED; because the trial court failed to state statutory provision it relied upon and failed to set forth facts supporting award under either OCGA 19-6-2 or OCGA 9-15-14.

From:  Fulton County Daily Report (10/09/09)

O’Keef v. O’Keef, S09F1368 (09/25/09), 09 FCDR 3042

Attorneys:  Miles W. Rich, Pamela L. Tremayne

Judges: Bensonetta Tpton Lane, Fulton Superior Court; Supreme Court of GA:  Melton