Greenwood v. Greenwood
289 Ga. 163
Ga.2011Background
- Divorce decree (Nov 6, 2008) awarded Husband the marital residence but required refinance by Oct 1, 2009 to remove Wife from the Chase mortgage.
- Divorce decree imposed a $10,000 penalty payable to Wife if Husband failed to refinance or sell to remove Wife’s liability by Oct 1, 2009.
- Husband did not refinance or pay the $10,000 penalty by the deadline.
- Wife filed a contempt motion (June 29, 2010); trial court held Willful Contempt, converted the $10,000 penalty to a lien on the residence, and declined forced sale due to market conditions.
- Wife sought discretionary review; Supreme Court granted and addressed whether the lien conversion and extended time were proper modifications of the decree.
- Court reversed, holding the trial court improperly modified the decree by converting the penalty to a lien and by extending the time beyond Oct 1, 2009.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly modified the decree by imposing a lien | Greenwood | Greenwood | No; court erred in converting the penalty to a lien. |
| Whether the trial court improperly extended the time to remove Wife from liability | Greenwood | Greenwood | No; improper extension beyond Oct 1, 2009. |
Key Cases Cited
- Dohn v. Dohn, 276 Ga. 826 (Ga. 2003) (trial court cannot modify divorce decree in contempt; enforce only the decree’s terms)
- Darroch v. Willis, 286 Ga. 566 (Ga. 2010) (court must not modify the original judgment when enforcing equity)
- Roquemore v. Burgess, 281 Ga. 593 (Ga. 2007) (court construes contract as written, not creates new terms)
- Cason v. Cason, 281 Ga. 296 (Ga. 2006) (test for whether clarification is a modification is whether intention is preserved)