Williams v. Becker, 294 Ga. 411

Williams and Becker divorced in 2001; Mother awarded primary custody with Father visitation and child support obligations.
Mediation in 2006 produced an agreement adopted by the court, increasing Father's parenting time and delaying any modification of child support for two years.
In 2009-2011 Father sought modification due to alleged income decrease; Mother pursued discovery and mediation efforts; Father dismissed his modification petition in May 2011.
June 2011, Mother sought attorney fees under OCGA §§ 19-6-2, 19-6-15(k)(5), and 9-15-14 for discovery disputes and related conduct, requesting $54,654.76.
August 2012 the trial court awarded Mother $25,000 in attorney fees under OCGA § 9-15-14 but did not hold an evidentiary hearing or issue express findings delineating the abusive conduct or the basis for the award.
The trial court’s order stated both parties’ discovery failures but awarded fees only to Mother, prompting appeal on the 9-15-14 procedure grounds.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a 9-15-14 award requires an evidentiary hearing and express findings	Mother contends the award was proper under 9-15-14 and should stand.	Father argues the award must be vacated for lack of a hearing and explicit findings.	Award vacated; remand required for proper hearing and findings.
Whether the trial court properly identified abusive conduct supporting 9-15-14	Mother asserts discovery disputes justified the fee award.	Father asserts no explicit conduct tied to the award was proven.	Court failed to specify abusive conduct and whether award relied on (a) or (b); remand needed.
Whether the court should have awarded fees against Father or both parties	Mother seeks fees against Father for his conduct.	Court did not justify fees against Father comprehensively; inconsistent findings.	If only Mother engaged in abusive conduct, Father should bear the award; otherwise both may be liable; remand to clarify.

Ellis v. Caldwell, 290 Ga. 336 (Ga. 2012) (necessity of evidentiary hearing for 9-15-14 fees)
McKemie v. City of Griffin, 272 Ga. 843 (Ga. 2000) (require express findings for 9-15-14 awards)
McKemie, 272 Ga. 843, 272 Ga. 843 (Ga. 2000) (clarifies findings and basis for fee awards)
Ga. Dept. of Transp. v. Douglas Asphalt Co., 295 Ga. App. 421 (Ga. App. 2009) (requires specifying whether award under (a) or (b))
Munoz v. American Lawyer Media, L.P., 236 Ga. App. 462 (Ga. App. 1999) (waiver of hearing and request implications)
Viskup v. Viskup, 291 Ga. 103 (Ga. 2012) (scrivener’s error in statutory references; record review)