Belcher v. BelcherAnnotate this Case
Husband Donald Belcher and Wife Sarah Belcher divorced in 2005. Following a dispute over unpaid alimony to Wife in which Wife eventually prevailed, the trial court awarded $2,500 in attorney fees to Wife in a December 17, 2014, order. Husband initially filed a timely application for discretionary appeal of this order, and the Court of Appeals transferred the application to the Supreme Court. The Supreme Court granted Husband’s application to determine whether the trial court erred in its award of attorney fees to Wife. In the December 17th order, the Supreme Court found the trial court did not make any express findings specifying abusive conduct for which an award under OCGA 9-15-14 (a) was proper. In addition, the trial court ordered Husband pay fees under OCGA 9-4-9. Wife conceded the trial court erred to the extent that it awarded attorney fees under OCGA 9-4-9 and to the extent that its award was procedurally improper under OCGA 9-15-14. As such, the Supreme Court reversed that portion of the December 17 order awarding fees, vacated the portion of the order awarding fees pursuant to OCGA 9-15-14, and remanded this case for further proceedings.