Jarvis v. Jarvis

The trial court did not abuse its discretion in considering evidence that the husband received financial support from his mother in awarding the wife $125,477.48 in attorneys' fees.

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This is a domestic relations case in which the application to appeal was granted pursuant to Rule 34 4 of the Rules of the Supreme Court of Georgia. Appellant Michael Todd Jarvis “Husband” and appellee Tracy Dorminy Jarvis “Wife” were married in March 1997. Husband filed for divorce on August 24, 2009. After a five-day bench trial in March 2011, the trial court granted the parties a divorce by final judgment and decree dated April 20, 2011. The trial court gave Wife primary physical custody of the couple’s three children and required Husband to pay $3,370 a month in child support. In addition to child support, the trial court ordered Husband to pay $1,500 a month in alimony for thirty-six months or until Wife’s remarriage or death, or until Husband’s death, whichever first occurs. The trial court ordered Husband to maintain a life insurance policy of at least $500,000 with Wife and the children listed as the named beneficiaries. At the conclusion of the divorce trial, the trial court reserved the matter of attorney’s fees for later disposition upon motion made by the parties. Wife subsequently moved for an award of attorney’s fees, the trial court held a hearing on June 6, 2011, and, on October 4, 2011, the trial court awarded Wife $125,477.48 in attorney’s fees pursuant to OCGA §19-6-2.

On appeal, Husband complains that the trial court abused its discretion when it considered evidence that Husband received financial support from his mother when considering the financial circumstances of the parties for the purpose of awarding attorney’s fees under OCGA §19-6-2.1 Husband also contends that the trial court erred when it ordered that his estate continue to pay his support obligations temporarily in the event there is any delay in the disbursement of proceeds from his life insurance policy.2 For reasons set forth below, we affirm.

Jarvis v. Jarvis

The trial court did not abuse its discretion in considering evidence that the husband received financial support from his mother in awarding the wife $125,477.48 in attorneys' fees.

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