296 Ga. 114
Ga.2014Background
- Mother and Father divorced in 2006; order required $3,750/month child support.
- In 2008, a consent order reduced support to $1,700/month.
- In 2010, Mother petitioned to modify upward based on Father's increased income; parties agreed to a range ($1,834.27–$2,755.00) reflecting income fluctuations, memorialized in a 2011 consent order.
- Attorney’s-fees issue arising from the modification action; each side claimed prevailing-party status and sought fees (Mother $7,312.50; Father $7,242.26).
- Trial court found both parties prevailed and declined fees, citing OCGA 19-6-15(k)(5); court acknowledged no trier of fact supported dual prevailing parties.
- Georgia Supreme Court reversed, holding only the prevailing party may be awarded fees under OCGA 19-6-15(k)(5); remanded for a determination of whether Mother, as prevailing party, is entitled to fees and in what amount.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prevailing-party determination under OCGA 19-6-15(k)(5). | Mother prevailed by obtaining upward modification. | Both sides prevailed; award of fees unnecessary. | Only Mother prevails; fees may be awarded to Mother upon remand. |
| Authority to designate prevailing party in a settled modification action. | Statute allows fee awards to the prevailing party in modification actions. | The trial court lacked basis to designate two prevailing parties or deny fees altogether. | Court must determine prevailing party; no two-prevailing-party scenario permitted under statute. |
| Applicability of Shapiro v. Lipman to a fully settled case. | Shapiro supports courts’ discretion to award fees; scenario fits because there was no jury. | Shapiro’s guidance on prevailing-party designation is limited when there is a settlement; not controlling here. | Shapiro does not preclude a statutory prevailing-party determination where there is no fact-finder; remand to determine fees. |
Key Cases Cited
- Keeler v. Keeler, 263 Ga. 151 (1993) (precedent on prevailing-party and fee awards in modification actions)
- Haley v. Haley, 282 Ga. 204 (2007) (contract-based fee awards not controlling in statutory awards)
- Shapiro v. Lipman, 259 Ga. 85 (1989) (court may determine prevailing party; lack of jury affects designation in settlements)
- Ford Motor Co. v. Conley, 294 Ga. 530 (2014) (trial court must exercise discretion in conformity with governing legal principles)