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Robinson v. Robinson

A temporary award in a divorce case continues in effect until entry of remittitur in the trial court and, from that date on, any permanent award in a final judgment takes effect.

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This Court granted the application for discretionary appeal of Tonja Robinson “Wife” from the trial court’s order on a petition for contempt in this divorce case, and we affirm in part and reverse in part that judgment. Tonja Robinson filed a complaint for divorce from Edward Robinson, Jr. “Husband” in 2007. On July 31, 2007, the trial court entered a temporary order, requiring Husband to pay $3,431 per month in child support for the couple’s three minor children, and to provide health and dental insurance for the children and Wife. Husband was also ordered to pay $3,000 per month in temporary alimony beginning on August 1, 2007, and name the children as beneficiaries on an existing life insurance policy.

On November 5, 2008, after a bench trial, the trial court entered what it denominated a “Final Judgment and Decree,” which required, among other things, that Husband pay $5,440.65 per month in child support, name Wife as successor trustee on his life insurance policy, and pay one half of his children’s uncovered medical expenses. The “Final Judgment and Decree” provided for lump sum permanent alimony to be paid to Wife, but not periodic permanent alimony. On April 30, 2009, the trial court entered an order on Wife’s request for attorney fees, which had not been addressed in the “Final Judgment and Decree” of November 5, 2008. On May 15, 2009, Husband filed an application for discretionary appeal in this Court, which this Court denied as frivolous. See Wright v. Wright , 277 Ga. 133 587 SE2d 600 2003. After that denial, the remittitur from this Court was entered in the trial court on July 28, 2009.

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