Case Law Review
*All courts mentioned are at the state level.
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
Divorce judgment reversed where there was an $18 difference in child support amount between the Settlement Agreement and the child support guidelines. Trial court’s order failed to set forth mandatory findings for deviation from guidelines, and Wife’s voluntary agreement to deviation cannot cure this defect. Attorney’s fee award cannot stand absent required findings of fact Read More
Husband and Wife were divorced pursuant to a Total Judgment and Decree of Divorce entered on June 5, 2009. During the trial of the case, the trial court refused to allow Wife to introduce evidence of a Temporary Order that had been entered in the divorce action on February 15, 2007. Wife contends that evidence Read More
If a full and fair trial on the merits is provided, the Due Process clause of the Fourteenth Amendment does not required a State to provide appellate review, even in termination of parental rights cases.