373 Ga. App. 689
Ga. Ct. App.2024Background
- Faith and Jerome Calvert divorced in 2013; the decree granted the mother custody of their oldest child and required the father to pay $225/month child support.
- After divorce, the parties resumed cohabitation and had two more children; they separated again in 2020, with all children initially staying with the mother.
- The father sought legitimation and custody of the two younger children, custody modification of the oldest child, and child support modification; the mother counterclaimed for custody and child support, also seeking attorney fees.
- The mother filed for contempt due to the father’s failure to pay court-ordered child support; the trial court found the father in contempt, ordered payment of arrears and attorney fees, and later denied his motion for reconsideration.
- The trial court awarded the father attorney fees post-judgment, which the mother appealed.
Issues
| Issue | Calvert (Father) Argument | Calvert (Mother) Argument | Held |
|---|---|---|---|
| Contempt for nonpayment of child support | Lived together post-divorce, made household contributions, no support due | No agreement relieving him of payments; she covered all expenses | Father held in contempt; findings supported |
| Application of equitable exception to support | His financial contributions while cohabiting should offset arrears | No evidence he contributed as claimed; no agreed substitution | Exception inapplicable; insufficient proof |
| Jurisdiction to award fees after notice of appeal | Court lacked jurisdiction once appeal was filed | Appeal did not strip trial court of jurisdiction for post-judgment fees | Court retained jurisdiction for fees |
| Sufficiency/Allocation of Attorney's Fees Award | Fee award was reasonable and justified | Fees not properly limited/apportioned or factually supported | Fee award vacated and remanded for findings |
| Award under OCGA § 19-9-3(g), 19-6-15(k)(5) | Statutes support post-judgment and broad recovery | Fees only recoverable for modification of oldest child's support | Fees under these statutes only for proper grounds |
Key Cases Cited
- Skinner v. Skinner, 252 Ga. 512 (modifications to child support require court approval, not private agreement)
- Brown v. Georgia Dept. of Human Resources, 263 Ga. 53 (equitable exception if alternate support provided and consented)
- Wall v. James, 358 Ga. App. 121 (broad discretion of trial court in contempt rulings)
- Froeilich v. Froeilich, 297 Ga. 551 (trial court enforces, not modifies, decrees in contempt)