Hall v. Hall

The trial court erred in awarding attorney fees in the father's action to modify child support of his two children without specifying a statutory or factual basis for the award.

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Keith Hall, the father of 18-year-old L. H. and 16-year-old Z. H, appeals from both a temporary order and final order modifying child support, finding him in contempt, and awarding Felice Hall attorney fees. Keith contends that the trial court erred by 1 finding him in contempt for failing to pay child support, 2 awarding attorney fees without specifying a statutory or factual basis for such an award, 3 granting a temporary modification of child support without setting forth the specific information required by OCGA § 19-6-15 c 2, and 4 awarding temporary attorney fees pursuant to OCGA § 19-6-15 k 5. We granted Keith’s application for discretionary review, and, for the reasons explained below, we affirm the contempt finding and the temporary modification rulings, but we vacate the award of attorney fees in the final order and remand the case with direction.

The record shows that L. H. and Z. H. were born out of wedlock, but Keith legitimated both children. The children’s mother, Joanne Dean, consented to the placement of the children with Felice, Keith’s former sister-in-law,1 and is not a party to this appeal. There does not appear to be any dispute regarding the underlying facts in this case. The minor children have been the subject of numerous court orders, and, except for a period between 2002 and 2004, they have lived with Felice since 2000.2 On July 6, 2001, Keith was ordered to pay child support in the amount of $112.00 per child per month through Child Support Enforcement. Keith was found to be in contempt of the child support order on April 11, 2002, and once again the court ordered him to pay $112.00 per child per month through Child Support Enforcement. Felice was granted final legal custody and control of the children on March 28, 2005. At some point in 2010 or 2011, Felice opened a case with Child Support Services to collect child support. As a result, Child Support Services initiated collection activities, including interception of a tax refund due to Keith and enforcement of an income deduction order against his wages.

Hall v. Hall

The trial court erred in awarding attorney fees in the father's action to modify child support of his two children without specifying a statutory or factual basis for the award.

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