Gallemore v. White
303 Ga. 209
Ga.2018Background
- David Gallemore and Wanda White divorced in 2009; their divorce decree incorporated a settlement requiring mediation of child-custody/support disputes before court action.
- White filed a contempt petition in December 2014 alleging Gallemore failed to pay ordered child support; the trial court initially granted relief in March 2015 but that order was vacated because Gallemore had filed bankruptcy which stayed proceedings.
- After the bankruptcy stay was lifted, a hearing was scheduled; one day before the hearing Gallemore served a demand for mediation and filed a petition to modify visitation/support.
- The trial court later found Gallemore in willful contempt and awarded unpaid child support of $81,298.50.
- The trial court also awarded White $11,200 in attorney fees under OCGA § 9-15-14(b), but made no factual findings supporting that award.
- Gallemore appealed, arguing the court should have required mediation before ruling; the Supreme Court of Georgia reviewed whether the contempt finding and attorney-fee award were proper.
Issues
| Issue | Plaintiff's Argument (White) | Defendant's Argument (Gallemore) | Held |
|---|---|---|---|
| Whether trial court erred by holding Gallemore in contempt without first requiring mediation under the settlement agreement | White asserted she attempted to arrange mediation and that Gallemore refused to participate | Gallemore argued he demanded mediation one day before the hearing and the court should have required mediation before ruling | Affirmed contempt finding — appellant failed to supply hearing transcript so record presumed to support trial court; no preserved error shown |
| Whether the trial court properly awarded attorney fees without findings of fact | White sought fees under OCGA § 9-15-14(b) and obtained $11,200 | Gallemore challenged sufficiency of findings supporting fee award | Fee award vacated — trial court failed to make required factual findings; remanded for further proceedings |
Key Cases Cited
- Rymuza v. Rymuza, [citation="292 Ga. 98"] (burden on appellant to demonstrate error)
- Gillespie v. Gillespie, [citation="259 Ga. 838"] (appellant must show error)
- Jones v. Foster, [citation="287 Ga. 144"] (absence of transcript mandates presumption the evidence supports trial court)
- Harry v. Dale, [citation="281 Ga. 870"] (same presumption when transcript missing)
- Moon v. Moon, [citation="277 Ga. 375"] (trial court must make findings to support attorney-fee awards)