GA Contempt, Modification, Child Support,

[Jim]

Contempt, Modification, Child Support, Health Care, and Attorney’s Fees
The Georgia Supreme Court issued an order today in Pineres v. George, S08A0773, which has several implications for Georgia law. First, it held that a trial judge has no authority in a contempt proceeding to modify the obligations imposed by a divorce decree. Second, the Georgia Supreme Court held that medical expenses constitute a form a child support.

Of note in this case, the modification being sought was in regards to the psychological expenses for the minor child and there had previously been a petition for modification of child support made less than two years ago. Because Georgia law prohibits a modification of child support less than two years after an order on a previous modification petition by the same spouse, it upheld an awarded of frivolous litigation fees under O.C.G.A. § 9-15-14 against the spouse that was now seeking to modify the amount of medical expenses that they had to pay.

[Jim]

Petition for Contempt, and Petitions for Modification of Custody, Child Support, and Visitation dismissed by Georgia trial court
In addition to addressing the final decision making issue in Avren v. Garten, the Supreme Court of Georgia also addressed the trial court’s dismissal of the mother’s petitions for contempt, and modification of custody, child support and visitation. Avren v. Garten, S11A0064 (2011). The mother contended that the trial court erred in dismissing these actions. Id. at 3.

The Supreme Court of Georgia disagreed with the mother, holding that the mother’s petitions for modification of custody, modification of visitation, and her petition for contempt were properly dismissed pursuant to OCGA §19-9-24(b), which “prohibits a legal guardian from bringing an action for modification of child custody or visitation rights or any application for contempt of court so long as visitation rights are withheld by the legal guardian in violation of the custody order.” Id. at 4. In this case, there was overwhelming evidence that the mother had left the house with the child on scheduled visitation days during the time in which the father was to pick up the child. Id. Under these circumstances, the Supreme Court of Georgia held that the trial court did not err when it dismissed these actions. Id. at 5.

The Supreme Court of Georgia also held that the mother’s petition for modification of child support was properly dismissed due to the “two-year rule.” This rule provides that “[n]o petition to modify child support may be filed by either parent within a period of two years from the date of the final order on a previous petition to modify by the same parent.” OCGA §19-6-15(k)(2).In this case, the mother filed the current petition only 11 months after her previous petition for modification of child support. Id. at 6. Since it had been less than two years, the mother's petition was properly dismissed. Id. at 7.

[Jim]

This is needed in many cases when you are being manipulated and either having your custody and or visitation interfered with because the ex decides to interpit the order "their way" and not the way it clearly states in the order, or for any other provision in the order that is not being followed the way it is written.

The Court held that when the Settlement Agreement is “clear, unambiguous, and capable of only one interpretation as written, the provision’s plain meaning must be strictly enforced.” Id. at 5, quoting Page v. Baylard, 281 Ga. 586, 587 (1) (642 SE2d 14) (2007).

[hopeadope2000]

My husband and I are currently in a fight with Superior court over visitation and support. She plans so much on his weekends he gets no time with the kids. At the same time we are fighting with OCSS because they are illegally acting as a debt collection agency and taking money from us every month since November 2010 for a negative equity debt owed to the ex mother in law. I have called everyone all the way to the Governor's office and I still have yet to be heard or the problem fixed.

[Jim]

Jul 20, 2011 12:16:55 GMT -5 hopeadope2000 said:

My husband and I are currently in a fight with Superior court over visitation and support. She plans so much on his weekends he gets no time with the kids. At the same time we are fighting with OCSS because they are illegally acting as a debt collection agency and taking money from us every month since November 2010 for a negative equity debt owed to the ex mother in law. I have called everyone all the way to the Governor's office and I still have yet to be heard or the problem fixed.

Note: also sent to you in response to your email.

OCSS is not in anyway legally allowed to collect "an equity debt" payable to a third party, what they are doing is illegal and should be investigated and reasearched, you should find case law that proves they are violating the law and file a lawsuit against them. The only way I can see them legally doing this is if the actual order states that this debt is a part of the actual child support ordered to pay....and signed by the judge as so.

Child support and a debt judgement are definantly two separate issues unless the order states differently and the language connects this debt as part of the child support payment ordered.

I would have to see the order/divorce decree that states this and see the language in it.