Baker v. Schrimsher

The trial court properly found a former husband in contempt of his divorce agreement when he failed to meet his obligations to hold his former wife harmless for any indebtedness, even though the former wife filed the contempt claim more than eight years after entry of the divorce decree.

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Erma David Baker “Husband” and Ivy Baker Schrimsher “Wife” were divorced in November 1998 by final judgment and decree. A settlement agreement incorporated into the final judgment and decree required Husband to refinance in his name the mortgages for the marital home and the auto loan for a 1998 Ford Explorer, and required Husband to assume payment on all indebtedness on each piece of property within sixty days.1 If Husband failed to refinance the vehicle in his name, he was required to transfer ownership, title, and interest in the vehicle to Wife. As to the marital residence, Husband was required to list the property for sale if he vacated it within the sixty-day time-frame.2 As to both properties, Husband was required to hold Wife harmless and indemnify her from any liability for any indebtedness. Husband failed to meet these obligations and, in March 2002, a default judgment was entered against Wife for the auto loan in the amount of $12,328.84 and, in June 2009, a payment demand letter was sent to Wife from the mortgage company seeking to collect the outstanding balance of $25,177.44 which was due on the second mortgage.

Wife filed a contempt action in March 2009 and Husband moved to dismiss arguing that, with the passage of almost ten years, the final judgment was dormant pursuant to OCGA § 9-12-60 and that Wife was barred by laches. The trial court held a hearing and denied the motion to dismiss. Upon holding the contempt hearing, the trial court found Husband in willful contempt and ordered him to pay Wife $37,506.28, the total amount of indebtedness for both properties.3 Husband then moved for a new trial which, after a hearing, the trial court also denied. We granted Husband’s application for discretionary review to determine whether the trial court erred when it denied Husband’s motion to dismiss and when it required Husband to pay the full amount of outstanding debt. Because there was no error, the trial court’s judgment is affirmed.

Baker v. Schrimsher

The trial court properly found a former husband in contempt of his divorce agreement when he failed to meet his obligations to hold his former wife harmless for any indebtedness, even though the former wife filed the contempt claim more than eight years after entry of the divorce decree.

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