Tag Archives: attorney’s fees

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.

 

Child Support Worksheet Calculation

child support worksheet calculationChild Support Worksheet Calculation.  You may find the Georgia Child Support Worksheet helpful.  But also how does the court view the child support worksheet calculations?  Here’s a case where there were many issues and the court addressed each one.

First, the Court is required to make a written finding to support its deviation from the presumptive amount of child support for extraordinary educational expenses (there’s a space on the worksheet – you need to use it!) and this is one of the purposes of the Child Support Addendum.

If one party does not work, you should impute a monthly gross income based on a 40-hour workweek at the national minimum wage.  This is also used if the party has no viable way to calculate their income.

The court allows for prorating of the husband’s responsibility for the basic child support obligation before proceeding through the remainder of the steps in calculating his monthly child support obligation;

There is no requirement to enter written findings regarding low income if there is no deviation for such;

A party is not entitled to a specific deviation for the child’s extracurricular expenses if they agreed at trial to pay for these expenses and offered no evidence as to the amount in the settlement agreement.

It is ok to enter into a security agreement and collateral pledge to guarantee the payments required by the divorce decree.

If you have questions about how to make the Georgia Child Support Worksheet Calculation, the Child Support Addendum – or For more information, contact the Remboldt Law Firm at 404-348-4081 for a free consultation.

You may find the Georgia Child Support Worksheet helpful.  Also, if you are considering an uncontested divorce, you may find the Uncontested Divorce Worksheet helpful in moving forward with an uncontested divorce.

Brogdon v. Brogdon, S11F1975 (02/27/12)

Fulton County Daily Report, March 2, 2012

Custody Subject Matter Jurisdiction

Custody Subject Matter JurisdictionCustody Subject Matter Jurisdiction.  The Court of Appeals reversed the Georgia trial court’s permanent modification of the initial child custody determination made by a Kansas court and the denial of the mother’s motion to set aside the modification, holding that the Georgia court lacked subject matter jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act. Although Georgia satisfied the relevant home state requirements of O.C.G.A. § 19-9-61 (a), Kansas never determined that it no longer had exclusive, continuing jurisdiction and no evidence supported the Georgia court’s finding that the mother no longer resided in Kansas. The Court also held that the trial court did not err in denying the mother’s motion for attorneys’ fees pursuant to O.C.G.A. § 19-9-68, as the Georgia court’s improper invocation of subject matter jurisdiction was due to its own error, not the allegedly unjustifiable conduct of the father; mother was not entitled to attorneys’ fees under O.C.G.A. § 19-9-92 either, as that provision applies only to enforcement proceedings.

Custody Subject Matter Jurisdiction.  For more information about this case see:  Delgado v. Combs, A11A1948 (02/29/12).

Fulton County Daily Report, March 9, 2012.

If you have questions about Custody Subject Matter Jurisdiction, 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.

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.