Hall v. Hall
335 Ga. App. 208
| Ga. Ct. App. | 2015Background
- Keith Hall legitimated two minor children (L.H., Z.H.); children have lived with caregiver Felice Hall since 2000 (with brief interruptions).
- Child Support Services obtained an original child-support order (2001) requiring Keith to pay $112 per child monthly; collection actions followed for arrears.
- Felice later obtained legal custody (2005) and sought modification/enforcement of support; Keith filed petitions and was noncompliant with discovery and hearings.
- Trial court entered a temporary modification (increasing support to $509/month) and awarded $1,080 in temporary attorney fees; final order awarded $498/month, found Keith in contempt, awarded arrears and $5,380 in attorney fees.
- Keith appealed, challenging contempt finding, attorney-fee awards, and the sufficiency of the temporary-modification findings.
Issues
| Issue | Plaintiff's Argument (Keith) | Defendant's Argument (Felice) | Held |
|---|---|---|---|
| 1. Contempt for unpaid child support | Felice lacks standing to enforce/or modify original Child Support Services order | As custodial guardian and child-support obligee, Felice may enforce/modify the order | Affirmed — Felice has standing; contempt finding supported |
| 2. Final-order attorney fees (amount and basis) | Trial court awarded fees without citing statutory/factual basis; award invalid | Fees could be authorized under OCGA § 9-15-14 or § 19-6-15 | Vacated and remanded — trial court must state statutory basis and make factual findings |
| 3. Temporary modification content (OCGA § 19-6-15(c)(2)) | Temporary order lacked the detailed statutory calculations required for modification | Temporary orders need not include detailed § 19-6-15(c)(2) findings | Affirmed — temporary orders need not contain those detailed findings |
| 4. Temporary attorney fees under § 19-6-15(k)(5) | Temporary order could not produce a “prevailing party,” so fee award improper | Felice prevailed at temporary hearing and statute permits fees to prevailing party | Affirmed — temporary fee award permissible and now moot due to final order in her favor |
Key Cases Cited
- Monroe v. Taylor, 259 Ga. App. 600 (custodial parent may seek increase in support when original award was to state agency)
- Baars v. Freeman, 288 Ga. 835 (custodial obligee may pursue enforcement concurrently with child support agency)
- Dept. of Human Resources v. Chambers, 211 Ga. App. 763 (custodial parent allowed to file contempt when DHR originally obtained support order)
- Viskup v. Viskup, 291 Ga. 103 (requirement that trial court identify statutory basis for attorney-fee awards when multiple statutes could apply)
- Baca v. Baca, 256 Ga. App. 514 (temporary child-support orders not subject to full § 19-6-15 evidentiary findings)
- Wilbanks v. Wilbanks, 238 Ga. 660 (findings and conclusions not required for temporary support orders)
- Williams v. Becker, 294 Ga. 411 (OCGA § 9-15-14 requires express findings specifying abusive conduct and subsection basis)
- Jackson v. Sanders, 333 Ga. App. 544 (trial court cannot award arbitrary attorney fees in modification proceedings; must explain calculations)