Jett v. Jett
2012 Ga. LEXIS 443
Ga.2012Background
- Husband and Wife were divorced on October 3, 2007, with a settlement that the Marital Residence would be put up for sale and net proceeds split 50/50, and Wife would quit claim if not sold within two years.
- Husband kept paying all expenses on the Marital Residence during the two-year period, and later remarried and bought another home titled in his name and his new wife’s name.
- Husband’s attempts to refinance the Marital Residence failed; Wife petitioned for contempt based on Husband’s failure to refinance as required by the settlement.
- Evidence at hearings showed Husband’s debt burden from the new home, poor debt-to-income ratio, and lack of lender willingness to refinance the Marital Residence; the home remained listed for sale and a two-year lease purchase agreement was executed with a tenant.
- The trial court found Husband in contempt, sentenced him to five days in jail, and issued an order directing him to sell accounts and pay down the mortgage to determine refinance feasibility and to indemnify Wife for any deficiency.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the contempt order modified the settlement | Wife contends no modification; the decree should be enforced as written. | Husband contends the order merely clarifies the decree, not modifies it. | Yes, it modified the settlement; order improper to alter property division. |
| Whether the contempt order enforcing refinance was proper | Wife argues contempt is proper as Husband failed to refinance as required. | Husband argues the court overstepped in penalizing non-refinance and that strict enforcement was inappropriate. | Contempt finding upheld; court could compel refinancing or purge by actions consistent with the decree. |
Key Cases Cited
- Doane v. LeCornu, 289 Ga. 379 (2011) (firm rule against modifying property division in a final decree)
- Roquemore v. Burgess, 281 Ga. 593 (2007) (clarification vs. modification in contempt orders)
- Cason v. Cason, 281 Ga. 296 (2006) (court construes contract; not to create a new agreement)
- Pate v. Pate, 280 Ga. 796 (2006) (willful noncompliance supports contempt)
- Davis v. Davis, 250 Ga. 206 (1982) (contempt findings supported by evidence of noncompliance)