Friday v. Friday
755 S.E.2d 707
Ga.2014Background
- Husband and Wife divorced in 2008; final decree required $2,000/mo child support for two children; Husband earned about $180,000 annually at divorce.
- In 2010 Husband lost employment; he received severance through December 2010 and continued to pay support.
- December 2010 Husband filed for modification under OCGA 19-6-15(j) with a worksheet showing $179/mo based on unemployment benefits of $1,320/mo.
- February 2012 trial court modified support to $1,040/mo, imputing $4,180/mo in additional income; court found willful underemployment and ordered purge payment.
- Husband paid $179/mo after December 2010; court found arrearage and required purge of $8,000; court later addressed retirement assets via a QDRO, which the court held to be a modification of the final decree.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Imputation of income for Modification under OCGA 19-6-15(f)(4)(D). | Friday asserts error in imputing $4,180/mo. | Friday contends imputation supported by willful/unemployment underemployment factors. | Imputation upheld; court may impute income for willful underemployment. |
| Contempt finding for failure to pay original support. | Friday argues payments post-2010 complied with modified or temporary terms. | Wife contends nonpayment amounted to contempt. | Contempt upheld; arrearage determined and remedy within discretion. |
| Purge amount and remedy for contempt. | Purged arrearage amount insufficient to purge. | Purging with $8,000 reasonable under total arrears. | $8,000 purge within the existing arrearage; no error in purge amount. |
| QDRO as modification of final decree regarding retirement assets. | Order to pay arrearages from retirement assets via QDRO improperly modified decree. | Court may clarify/interpret decree; not modify asset division. | Remand: ordering QDRO to reapportion retirement assets constitutes a modification; reversed that portion. |
Key Cases Cited
- Banciu v. Banciu, 282 Ga. 616 (2007) (considerations for imputation and income)
- Doane v. LeCornu, 289 Ga. 379 (2011) (firm rule against modifying property division in a final decree)
- Jett v. Jett, 291 Ga. 56 (2012) (clarification vs modification in contempt context)
- Roquemore v. Burgess, 281 Ga. 593 (2007) (court's authority in contempt proceedings to interpret decree)
- Galvin v. Galvin, 288 Ga. 125 (2010) (modification vs contempt/arrearage interplay)
- Burke v. Burke, 263 Ga. 141 (1993) (discretion in contempt and enforcement of support)