Father petitioned for modification of custody and child support based on being unemployed. Downward modification of support that is retroactive to the date Father sought modification was not required, as Father only sought downward modification, and thus O.C.G.A. § 19-6-15(j) did not apply to keep child support from accruing. Trial court correctly imputed income to… Read More
Trial court did not err in clarifying that the “marital residence” described in the parties’ decree only described the marital home and the 5 acre tract it sat on, and not the surrounding 21.9 acre tract. Husband misplaced reliance on Court’s holding in Messaadi v. Messaadi, 282 Ga. 126, 646 S.E.2d 230 (2007). Court explains… Read More
These appeals arose from Wife’s motion for contempt against Husband for violating the terms of their Settlement Agreement. Husband’s appeal (A10A1463) concerned two related enumerations of error. First, Husband argued that the trial court erred when it found him in contempt of a provision in the Settlement Agreement that gave Wife final decision making authority… Read More
Father sought upward modification of child support obligation, but Court found no evidence that Mother was able to earn in excess of her then-current salary. To sustain an award of child support based upon a party’s earning capacity, there must be evidence that the party has the ability to earn an amount sufficient to pay… Read More
The parties purchased a lake house after they married and titled it solely in Wife’s name. Wife took out a line of credit, with lake house as collateral, to use as a down payment on the marital residence. Wife subsequently extended the same line of credit, putting additional money into the couple’s business. The parties… Read More