Christopher Vernon Klardie “husband” appeals the final judgment and decree of divorce “decree” from Celia Alice Klardie “wife”.1 He claims error in the trial court’s “failing to apply judicial estoppel” in regard to the wife’s claim to her retirement funds and in the trial court’s directive that he pay a portion of the wife’s attorney fees. For the reasons which follow, we affirm. The parties were married in May of 2000, and their only child, a son, was born in 2004. They separated in April of 2008, and the decree was entered on June 9, 2009. The decree incorporated the parties’ parenting plan which addressed the issues of custody and visitation. The trial court expressly stated in the decree: the parties agreed that the wife had been the primary breadwinner; the husband viewed himself as a stay-at-home parent, although it was clear that this was not by agreement of the parties; the husband had a bachelor’s degree; even though the husband had sustained periods of employment, most successfully when working for his father, his failure to maintain employment throughout the marriage led to its demise; and the husband failed to follow up on job opportunities or pursue employment opportunities outside of Georgia. The trial court imputed $2,000 per month of income to the husband based on his historical income. The trial court also found that the wife earned $7,093 per month and her financial affidavit included amounts spent for health care insurance and child care. Applying its findings to the child support guidelines, the trial court ordered the husband to pay $450 per month in child support. It ordered the wife to maintain health insurance on the son so long as it was available to her, and each party was to pay one-half of the child’s uncovered healthcare expenses. It divided the parties’ property, including the wife’s tax deferred accounts and split the accounts equally. The court also made a determination, following an evidentiary hearing, that the husband was in wilful contempt on his child support obligations under the temporary order and that he owed $1,700 in child support arrearages. In addition, the court denied the husband’s request for alimony, stating that the denial was in consideration of the husband’s age, education, and the condition of the parties; it expressly found that the alimony request was premised on the husband’s contention that his lack of employment and his being a stay-at-home parent was by agreement with his wife and that the evidence contradicted such assertion.
1. Although not enumerated as error, as a threshold matter the husband inexplicably maintains that “because there were no evidentiary hearings in this matter, the trial court’s order which contains findings of fact is error as a matter of law.” But, the record clearly reveals that the trial court held three hearings in regard to the issues of the divorce, two of which were plainly evidentiary. In fact, in his notice of appeal, the husband states that “the transcript from two days of testimony and one day of ruling are being prepared and will be filed for inclusion with the record on appeal.”2
