Jones v. Jones

Although the trial court erred in calculating husband's most recently accrued arrearage, the trial court properly found him in willful contempt regarding his child support obligations as set forth in the parties' divorce decree.

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These appeals, related to the enforcement of a 1998 Cobb County divorce decree, arise from an October 2009 order on a petition for contempt filed by Denita Jones “Wife”. In the October 2009 order, the trial court found Nolan Jones “Husband” in willful contempt regarding his child support obligations, calculating his arrearage at over $119,000. We granted both parties’ respective applications for discretionary appeal to address various aspects of this order.1 Though we affirm the trial court’s general finding of contempt, we conclude that the trial court erred in revisiting previously adjudicated arrearages and reverse the order to the extent it did so. We also conclude that the court erred in calculating the most recently accrued arrearage, and we reverse that portion of the order and remand for a re-determination of that arrearage consistent with the terms of the parties’ divorce decree. In light of these dispositions, we also reverse the order to the extent it directed Husband to purchase a life insurance policy. Finally, we conclude that the trial court’s attorney fee award was not excessive and therefore affirm that portion of the order.

Under the 1998 divorce decree, which incorporated a settlement agreement between the parties, Wife was awarded primary custody of the parties’ three minor children, and Husband was required to pay a base sum of $986 per month in child support, which constituted 28 of Husband’s then-current annual income of $42,000, plus that same percentage of any annual income Husband earned in excess of $42,000, up to $85,000.2 Any increase in the amount of monthly child support in accordance with this provision was to be self-executing, and Husband was required to provide his tax returns and related documentation for verification of his income.

Jones v. Jones

Although the trial court erred in calculating husband's most recently accrued arrearage, the trial court properly found him in willful contempt regarding his child support obligations as set forth in the parties' divorce decree.

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