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

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)

Judgment on parties’ divorce case, REVERSED, as trial court erred in finding that 10-yer requirement set forth in Uniformed Services Former Souses’ Protection Act, 10 USC § 1408 (d) (2), prevented it from making equitable division of husband’s military retirement benefits; 10-year requirement is simply limitation on direct payment mechanism of that Act and has no bearing on state court’s authority to treat military retirement benefits as divisible marital property; trial court DID NOT manifestly abuse its discretion in denying wife’s motion to supplement appellate record.

Michel v. Michel, S10F0372 (03/29/10), 10 FCDR 1012

From:  Fulton County Daily Report (04/09/2010)

Judgment REVERSED in parties’ divorce case; trial court erred in relying on Virginia cases interpreting Virginia statue to determine that stock options awarded to wife prior to marriage, but which vested during marriage, were akin to deferred compensation and, thus, constituted marital property – Georgia law does not have similar statutory scheme and does not support such bright-line rule; based on overarching principle in Payson v. Payson, 274 Ga. 321 (2001), trial court was required to look at evidence and determine whether vesting of previously awarded stock options directly resulted from “parties’ labors and investments during the marriage” and trial court must inquire as to whether any “appreciation of value of a non-marital asset results from the joint efforts of the parties during the marriage or is the result of market forces;” trial court also ERRED in ruling that portion of wife’s deferred compensation plan account was marital property, since wife created account prior to marriage and made no contributions to it during marriage; that account is wife’s separate property and husband is only entitled to any appreciation in value of account that directly resulted from parties’ labor during marriage;p trial court CORRECTLY found that husband is entitled to portion of $500 contribution, which wife made to premarital IRA account during marriage.

Newman v. Patton, S09F1718 (03/22/2010), 10 FCDR 863

From:  Fulton County Daily Report (4/2/2010)

Judgment in parties’ divorce case, AFFIRMED; trial court’s award of $40K in total alimony, actually constituted property division; with regard to parties’ marital debt, trial court stated that wife would continue to be responsible for $40K debt in her name, husband would pay wife $400 per month in alimony for 100 months for total of $40K and obligation would not terminate upon death or remarriage of either spouse; characterized of sum as alimony was not controlling, since alimony terminates at death or receiving spouse’s remarriage and trial court clearly intended award to equalize distribution of parties martial debt.

Moore v. Moore, S09F1667 (02/08/2010), 10 FCDR 324.

From:  Fulton County Daily Report, 2/19/2010.

Judgment AFFIRMED in parties’ divorce case; trial court correctly applied source of funds rule in classifying sales proceeds from wife’s premarital house as her sole and separate property – unemployed husband presented no proof that he made alleged mortgage payments or performed any handyman work around house; husband’s claim regarding wife’s bank and credit union accounts failed, absent findings of fact, which neither party asked for; husband failed to show that trial court erred in awarding wife attorneys’ fees for his stubborn litigiousness; husband could not show that he was without fault in failing to appear at trial since he had ample notice.

Windham v. Araya, S09F1457 (02/08/2010), 10 FCDR 322

Judgment AFFIRMED in parties’ divorce case; trial court correctly charged jury that gifts of property between spouses during marriage are subject to equitable division; trial court did not err in giving presumption portion of gift charge, since husband claimed that conveyance of legal title to marital home to wife gave rise to equitable trust, so equitable division issue was intertwined with issues of gift and resulting trust.

From:  Fulton County Daily Report (10/16/09)

Coe v. Coe, S09F0808 (10/05/09), 09 FCDR 3147

Attorneys:Martin L. Fierman, Brenda H. Trammell

Judges: Hugh v. Wingfield III, Jasper, Superior Court; Supreme Court of Georgia, Thompson