X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Following the trial court’s denial of her motion for a new trial regarding her divorce from Jason McLendon Husband, Amanda McLendon Wife filed an application for discretionary appeal. Pursuant to Supreme Court Rule 34, we granted Wife’s application and posed the following questions: 1 Did the trial court commit reversible error in its determinations on custody, child support, or any other issue addressed in the parties’ Final Judgment and Decree of Divorce; 2 Did the trial court err in awarding attorney fees under OCGA § 9 15 14 b, where it actually granted part of the relief sought in Wife’s motion for new trial/motion for reconsideration For the reasons set forth below, we affirm.

1. The record shows that Wife and Husband were divorced by a final decree entered in May of 2013. The parties have one minor child, and the decree awards primary physical custody to Husband, with joint legal custody. Wife has visitation every other weekend and on some weeknights. During the summer months, Wife has primary custody, and Husband has visitation rights. Wife is required to pay Husband $940.89 per month during the school year, and, in the summer, no child support is paid by either party. Following entry of the decree, Wife filed a motion for new trial and/or motion for reconsideration. In her written motion, Wife raised issues regarding custody. During the hearing on Wife’s motion, she orally raised issues regarding items of personal property she had left in Husband’s home and certain issues with the parenting plan. In response, the trial court issued an order denying Wife’s motion with regard to custody and a supplemental order modifying the property division and parenting plan. Also, pursuant to OCGA 9-15-14 b, the trial court awarded approximately $4,000 in attorney fees to Husband, finding that the motion for new trial was brought, at least in part, for purposes of delay. Wife now challenges these rulings.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

Our client, a well-regarded privately owned company with North American Headquarters in Atlanta, has asked The Partners Group to identify an...


Apply Now ›

Position requires Personal Injury Experience.


Apply Now ›

Our client, one of the country s preeminent labor and employment law firms, is seeking an Employment Counsel with 7+ years of experience. Th...


Apply Now ›