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Monroe v. Taylor

O.C.G.A. § 19-6-19 d authorizes an award of attorneys' fees to the prevailing party in a child support modification action, regardless of whether the child's parents were ever married.

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Following the grant of his application for discretionary appeal in this child custody and support modification action, Austin Monroe, Jr. appeals from the DeKalb County Superior Court’s order awarding attorney fees to Adrienne Taylor. Monroe contends that OCGA § 19-6-19 d, the basis for the attorney fee award, applies only when one party initiates an action for modification of child support following a final divorce decree. Because he and Taylor were never married, and because he initiated the action to modify custody, Monroe contends the trial court erred when it awarded Taylor attorney fees pursuant to OCGA § 19-6-19 d. For the following reasons, we affirm.

“When a question of law is at issue, as here, we owe no deference to the trial court’s ruling and apply the ‘plain legal error’ standard of review. Moreover, where it is apparent that a trial court’s judgment rests on an erroneous legal theory, an appellate court cannot affirm.” Citations and punctuation omitted. Suarez v. Halbert, 246 Ga. App. 822, 824 1 543 SE2d 733 2000.

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