Cothran v. Mehosky

The trial court erred in awarding attorneys' fees based on the ex-wife's failure to comply with court-ordered DNA testing in connection with his suit to set aside paternity and to modify child support.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In this action to set aside paternity and to modify child support, we granted discretionary appeal to review the trial court’s award of attorney fees to Stanley Mehosky for his counsel’s contempt-hearing preparation after his ex-wife failed to comply with an order for DNA testing. As the statute relied upon by the trial court does not authorize an award of attorney fees in this case, we reverse. The undisputed evidence shows that Mehosky and Victoria Cothran were divorced on July 15, 1997. In the final decree, Mehosky acknowledged paternity of the two minor children born during the marriage a daughter and a son and was ordered to pay child support. On November 30, 2005, he filed an action to set aside the finding of paternity and to modify the child support award, claiming that he was not the legitimate biological father of the son. When Cothran contested these claims, Mehosky obtained an order from the trial court requiring Cothran to submit to DNA paternity testing. She refused to comply, and Mehosky moved for contempt. Prior to the court’s ruling at a December 5, 2006 contempt hearing, the parties entered into an agreement, in which Cothran conceded Mehosky was not the biological father of the son, and in which Mehosky’s child support obligation was modified. The sole issue remaining before the trial court was Mehosky’s request for attorney fees.

Although it declined to award attorney fees for the entire cost of the action, the court awarded fees to Mehosky, pursuant to OCGA § 19-6-2, for his counsel’s work performed in preparation for the contempt hearing. The court reasoned that OCGA § 19-6-2 a authorized attorney fees in “alimony, divorce and alimony, or contempt proceedings,” and thus governed the December 5th contempt hearing.1 The court rejected Mehosky’s claim of $6,071.50 worth of work by his attorney performed for the contempt hearing, and awarded $3,705.00 as “reasonable compensation.”

Cothran v. Mehosky

The trial court erred in awarding attorneys' fees based on the ex-wife's failure to comply with court-ordered DNA testing in connection with his suit to set aside paternity and to modify child support.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report