Triola v. Triola

A temporary alimony order was void and of no legal effect because the judge who entered it had resigned two days prior to signing the order, and the successor judge who entered a second temporary alimony order did not conduct an independent review of the evidence before entering the award.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In this divorce action, appellant Joseph Triola husband was ordered to pay appellee Janet Triola wife temporary alimony, and the final judgment, in part, ordered husband to pay wife an $18,000 arrearage owed under the temporary alimony award. We granted husband’s application for discretionary appeal to consider whether the award of temporary alimony, as well as the arrearage provision in the final decree, must be reversed because the first temporary alimony order was made by a judge who entered the award after the effective date of his resignation and the second temporary alimony order, identical to the first, was made by a successor judge who did not conduct an independent review of the evidence before entering the award. We conclude that, under these circumstances, both the award of temporary alimony and the $18,000 arrearage provision of the final judgment must be reversed.

The facts in this case, largely undisputed by the parties, are as follows: husband and wife were originally divorced in 2006 by entry of a final judgment and decree of divorce signed by Judge Kenneth Nix. After wife’s subsequently filed motion to set aside the 2006 judgment was granted, she filed a petition for temporary alimony pursuant to OCGA § 19-6-3. Judge Nix held an evidentiary hearing on wife’s motion in September 2010 at which both parties presented evidence and testified at length regarding wife’s need for support, husband’s ability to pay, and allegations of adultery which husband claimed precluded an alimony award. See OCGA § 19-6-1 b precluding moving party from receiving alimony if it is established by a preponderance of the evidence that the separation of the parties is caused by moving party’s adultery; OCGA § 19-6-1 c authorizing alimony in accordance with the needs of the moving party and the ability of the other party to pay; OCGA § 19-6-3 authorizing award of temporary alimony and identifying factors to be considered in making such award.

Triola v. Triola

A temporary alimony order was void and of no legal effect because the judge who entered it had resigned two days prior to signing the order, and the successor judge who entered a second temporary alimony order did not conduct an independent review of the evidence before entering the award.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report