Doane v. LECORNU
289 Ga. 379
Ga.2011Background
- Doane and LeCornu married in 1996; divorce filed 2007 and final decree entered 2008; lake house awarded to Doane with LeCornu to be paid $73,000 in three installments by July 2008, October 2008, and July 2009; Doane also obligated to monthly child support and maintenance until property sale.
- Doane missed the first installment and the July/August maintenance payments; LeCornu filed contempt August 6, 2008; at the December 4, 2008 contempt hearing Doane had paid first installment and half of the second, leaving $43,000 due.
- December 19, 2008 contempt order found Doane in arrears $4,041.73 for lake-property payments and awarded $2,500 in attorney fees; contemporaneous contempt issues regarding the lake property were not concluded.
- March 23, 2009 Final Consent Order extended payment deadline to June 30, 2010 and required Doane to remove LeCornu’s name from the lake property; Doane did not appeal.
- April 1, 2010 LeCornu filed another contempt application; after Doane missed the June 30, 2010 deadline, the July 12, 2010 contempt hearing led to a second contempt order requiring sale of the lake house and payment of $43,000 to LeCornu plus $6,733.12 in attorney fees; Doane sought discretionary review.
- Court held: (i) the second contempt order impermissibly modified the divorce decree’s property division by ordering sale of the lake house to satisfy the debt; (ii) the correct amount owed for the lake-house interest was $43,000, not $33,000; (iii) the contempt finding as to the final consent order was supported, despite reversing the sale-mandate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the lake-house sale directive in the contempt order modified the property division | Doane: order impermissibly alters the divorce decree | LeCornu: sale necessary to enforce obligation | Yes; modification of property division is impermissible |
| Whether the amount owed for the lake-house interest was $43,000 or $33,000 | Doane: arrearage limited to $33,000 | LeCornu: $43,000 still due | $43,000 owed |
| Whether Doane was in contempt of the final consent order | LeCornu: contempt supported | Doane: not clearly contemptuous | Contempt found supported; some sanctions reversed as to sale |
Key Cases Cited
- Darroch v. Willis, 286 Ga. 566 (2010) (cannot modify the property division of a final divorce decree)
- Pate v. Pate, 280 Ga. 796 (2006) (willful disobedience requires evidence to sustain contempt)
- Roquemore v. Burgess, 281 Ga. 593 (2007) (sale of husband-awarded property to satisfy another provision is impermissible)