Brown v. Brown

2017 Ga. LEXIS 2

January 23, 2017

http://opinions.dailyreportonline.com/singleOpin.asp?l=100226500287

Former wife filed an action for contempt the former husband. The Court noted that the parties represented themselves during the divorce and filed a form settlement agreement that was not thoroughly completed. In addition to the filed settlement agreement, the record also contained an unsigned document, drafted by the former husband, which stated that the parties wished not to sell the marital home until the economy improved, that the wife would occupy it, and noting that the amount of the alimony and child support were sufficient to cover the monthly payment on the mortgage. The final decree did not reference or incorporate the document.

After the divorce, the husband began making the support payments by depositing money into a joint account, which both parties could access. Husband also used this account to pay the mortgage during the marriage, but ceased making payments once the divorce was filed. Subsequently the bank foreclosed on the home.

The former wife filed contempt, alleging that her former husband was required to make the alimony and child support payments directly to her, rather than to the joint account and for failure to pay the mortgage. The trial court held that he was not in contempt, as the decree contained no requirement that the payments be made directly or that he pay the mortgage on the home. In addition, the trial court terminated husband’s child support obligation, as the minor child was now living with him.

The Supreme Court found that the trial court did not abuse its discretion in declining to find the former husband in contempt, given the facts in evidence. However, the Court reversed the trial court’s termination of husband’s child support obligation, reiterating that a divorce decree cannot be modified in contempt, citing Pollard v. Pollard, 297 Ga. 21, 22 (2015).