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Cavin v. Brown

Defendant's secreting money to keep his ex-wife from collecting her child support and his destruction of evidence under subpoena supported the award of punitive damages to his ex-wife.

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The issue on appeal is whether evidence supported an award for general and punitive damages and for OCGA § 9-15-14 attorney fees based on showings that i one defendant fraudulently conveyed property to the other defendant, and ii both defendants pursued a defense that their own testimony contradicted. Holding that the evidence sustained the awards, we affirm.

When Carlton Hicks and Margaret Brown divorced in 1985, the court ordered Hicks to pay weekly child support payments of $70 plus half of any uninsured medical expenses of the two children. Within weeks the court held Hicks in contempt for refusing to pay as ordered. After a few years of compliance, Hicks then refused to pay for nine years, resulting in a second finding of wilful contempt in March 1998. The court found that he was in arrears in the amount of $19,339.60 and held that he could purge himself of contempt by paying $50.00 per week in addition to his ongoing child support obligations. This order, which expressly disclaimed affecting any previous order except as specifically set out therein, did not purport to modify the divorce decree or its child support obligations.

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