Riddell v. Riddell
293 Ga. 249
| Ga. | 2013Background
- Husband and Wife divorced on November 2, 2007, and have a single child.
- May 2009 order set Husband's income at $2,720/month and Wife's at $1,853.41/month for child support purposes.
- Husband fell behind on support, accruing roughly $19,000 in arrears, prompting contempt and a request for another downward modification by Husband.
- March 27, 2012 hearing: court held Husband in contempt and denied a second downward modification, stating no evidence of income at the time of the May 2009 order to justify recalculation.
- Husband argued that the May 2009 record already showed earnings; the court refused to consider this and told counsel to desist.
- April 26, 2012: Husband moved for new trial; July 3, 2012: trial court denied; September 21, 2012: trial court awarded Wife attorney fees under OCGA § 9-15-14(b), with fees assessed against Husband and his trial counsel; the matter on fees was appealed and the judgment reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the denial of downward modification was an abuse of discretion | Husband | Wife | Yes; abuse of discretion for ignoring the earnings record. |
| Whether the May 2009 earnings record could support a downward modification at the 2012 hearing | Husband | Wife | Yes; court should consider the record showing prior earnings. |
| Whether the new-trial ruling lacked substantial justification based on earlier findings | Husband | Wife | Yes; trial court abused discretion in awarding fees for lack of justification. |
| Whether attorney-fee award under OCGA § 9-15-14(b) against counsel was proper | Husband | Wife | No; reversed as to counsel fees. |
Key Cases Cited
- Abt v. Abt, 289 Ga. 166, 167 (709 SE2d 806) (2011) (2011) (OCGA 9-15-14(b) fee awards require substantial justification)
- O’Keefe v. O’Keefe, 285 Ga. 805, 806 (684 SE2d 266) (2009) (2009) (fees recompense litigants against abusive litigation)
- Haggard v. Bd. of Regents &c., 257 Ga. 524, 527 (4) (360 SE2d 566) (1987) (1987) (standard of review for abuse of discretion in fee awards)
- Petkas v. Grizzard, 252 Ga. 104, 108 (312 SE2d 107) (1984) (1984) (court may take judicial cognizance of records on file in its own court)