McDonogh v. O'Connor, S90A1182
| Decision Date | 07 January 1991 |
| Docket Number | No. S90A1182,S90A1182 |
| Citation | 260 Ga. 849,400 S.E.2d 310 |
| Parties | McDONOGH v. O'CONNOR. |
| Court | Georgia Supreme Court |
Edward E. Bates, Jr., Steven H. Koval, Hurt, Richardson, Garner, Todd & Cadenhead, Atlanta, for McDonogh.
William E. Sumner, Rosemary Smith, David A. Webster, Sumner & Hewes, Atlanta, for O'Connor.
The appellee, Karen O'Connor, filed actions against the appellant, F. Allen McDonogh, for contempt, modification of visitation, and modification of child support. The trial court awarded the appellee attorney fees, and at the request of the appellant, the fees were allocated. The fees at issue in this appeal involve the $5,000.00 that were allocated to the modification of visitation. The appellant argues that there is no authority under the law to allow the appellee the $5,000.00 allocated to the modification of visitation. We disagree with the appellant, and therefore affirm.
As a general rule expenses of litigation, including attorney fees are not allowed. Each litigant is to share her own burden; however, in the area of domestic relations our General Assembly has made provisions for the trial court to have discretion in awarding attorney fees. As stated by Justice Weltner in Crecelius v. Brooks, 258 Ga. 372, 369 S.E.2d 743 (1988): "The issue of attorney fees in divorce cases is remedial and ought to be considered broadly by the trial court...." This Court in Johnson v. Johnson, 260 Ga. 443, 396 S.E.2d 234 (1990) stated:
The General Assembly has granted trial courts broad discretion in awarding attorney fees and the costs of litigation in alimony and divorce cases. OCGA § 19-6-2. The purpose of allowing attorney fees is to ensure effective representation of both spouses so that all issues can be fully and fairly resolved. [Cit.]
The statute grants discretion in awarding attorney fees "whether the action is for alimony, divorce and alimony, or contempt of court arising out of either an alimony case or a divorce and alimony case...." OCGA § 19-6-2. The action filed by the appellee was an action to modify visitation, an action for contempt, and an action to modify child support. Norman v. Norman, 255 Ga. 32, 334 S.E.2d 687 (1985) (overruled on other grounds in Crecelius v. Brooks, 258 Ga. 372, 360 S.E.2d 743...
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Rowles v. Rowles
...OCGA § 19-6-2 authorized when declaratory judgment action was "part and parcel" of contempt action); see also McDonough v. O'Connor , 260 Ga. 849, 850, 400 S.E.2d 310 (1991) (trial court had discretion to award attorney fees incurred in modification of divorce decree under OCGA § 19-6-2 whe......
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Jayson v. Gardocki, A96A0405
...fees can be authorized by OCGA § 19-6-2 under a petition to modify child support ancillary to a change in custody. See McDonogh v. O'Connor, 260 Ga. 849, 400 S.E.2d 310. The fundamental obstacle to any such award in the case sub judice, however, is the want of notice to the defendant that s......
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Ward v. Ward.
...the award could have been based on OCGA § 19–6–2. See Roberts v. Tharp, 286 Ga. 579, 581, 690 S.E.2d 404 (2010); McDonogh v. O'Connor, 260 Ga. 849, 850, 400 S.E.2d 310 (1991). OCGA § 19–6–2 “authorizes a trial court in a divorce action to exercise its sound discretion and, after considering......
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Thedieck v. Thedieck
...incarceration was imposed with respect to those fees was improper, the award itself was authorized. First, as in McDonogh v. O'Connor, 260 Ga. 849, 400 S.E.2d 310 (1991), issues other than child visitation were at issue here--also at issue was the parties' compliance with various aspects of......