Jarvis v. Jarvis
291 Ga. 818
| Ga. | 2012Background
- Husband and Wife married in March 1997; Husband filed for divorce August 24, 2009.
- Five-day bench trial in March 2011 resulted in a divorce decree dated April 20, 2011.
- Trial court awarded Wife primary physical custody of three children; Husband ordered to pay $3,370 monthly child support.
- Alimony of $1,500 monthly for 36 months (or until Wife remarriage/death or Husband’s death) and a life insurance policy of at least $500,000 named Wife and children as beneficiaries were ordered.
- Attorney’s fees of $125,477.48 were awarded to Wife on October 4, 2011 under OCGA § 19-6-2; fee matter reserved at trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by considering maternal financial support | Husband | Husband | No reversible error; court may consider financial circumstances including external support |
| Whether the life-insurance clause allows estate payments delaying child support | Husband | Husband | Trial court did not err; statute permits temporary estate payment to ensure child support |
| Whether appellate jurisdiction attached after fee-order instead of decree | Husband | Wife | Timely discretionary appeal; final-decree issue became reviewable after fee-order |
Key Cases Cited
- Miller v. Miller, 282 Ga. 164 (2007) (finality of decree tied to the attorney’s fees order)
- Highsmith v. Highsmith, 289 Ga. 841 (2011) (free to weigh financial evidence in fee determinations)
- Simmons v. Simmons, 288 Ga. 670 (2011) (OCGA 19-6-34; trust creation for life-insurance proceeds)
- Russell v. Fulton Nat. Bank of Atlanta, 247 Ga. 556 (1981) (precedent on child support and life-insurance-related payments)
- Clavin v. Clavin, 238 Ga. 421 (1977) (earlier approach to life-insurance provisions overridden by statute)