Chatfield v. Adkins-Chatfield
Chatfield v. Adkins-Chatfield
Opinion of the Court
This is a dispute arising from a divorce filed in the Superior Court of Jones County on March 21, 2003, by Celeste Adkins-Chatfield (“wife”) against Terry Chatfield (“husband”). The parties were married on March 21,1998, and have three minor children. The case was tried before a jury August 4-5, 2005. Prior to trial, several motions for contempt were heard. The issues raised in this appeal arise out of an order of contempt entered on August 16, 2005, which involves an oral order given on August 5, 2005, and the final judgment and decree of divorce which was also entered on August 16, 2005.
A chronology is necessary. On May 15, 2003, the wife filed a motion for contempt of a pre-trial ruling, and the husband failed to appear at the hearing in the matter. After hearing evidence, the trial court found the husband in contempt of an order requiring him to
On January 4, 2004, the vehicle was involved in a collision and declared a total loss. Subsequently, the husband still refused to provide the wife with title so that she could file a claim for the loss. Instead, the husband filed a claim for the loss, and insurance proceeds in the amount of $14,593 were paid to him as the owner. The husband did not provide the wife with substitute transportation. On January 7, 2005, the wife sought an order of contempt based, inter alia, upon the husband’s actions with regard to the totaled vehicle.
On August 12, 2005, the husband was again held in contempt, and ordered orally that beginning that day, in addition to the $14,593, he was to pay the wife the additional sum of $1,500 for each day that passed until the $14,593 was paid, plus attorney fees of $1,500. Subsequently, the court issued a written order on August 16, 2005, nunc pro tunc to August 12, 2005, memorializing its oral directive.
1. The husband contends that the evidence was insufficient to support his being found in contempt by the August 16, 2005 order because the evidence did not show that he willfully and intentionally violated a lawful court order inasmuch as the order directing him to pay the $14,593 in insurance proceeds by August 10, 2005 was oral, and thus, ineffective as a matter of law. However, the argument is unavailing. The husband was well aware during the trial that the payment of the $14,593, which represented the value of the vehicle he was required to transfer to his wife, was at issue, and that it would be a matter decided by the trial court without the intervention of the jury.
2. For the reasons outlined in Division 1, there is no merit to the husband’s assertion that imposing the payment of $1,500 per day exceeded the power of the trial court because there was no lawful order in place requiring him to pay the $14,593.
There is likewise no merit to the husband’s claim that the ordered payment of $1,500 per day is contrary to OCGA § 15-6-8 (5). Indeed, OCGA§ 15-6-8 (5) provides that the superior courts have the authority to punish contemptuous behavior by imposing fines not to exceed $500; however, this monetary limitation addresses the circumstance of criminal contempt and is not applicable to sanctions imposed for civil contempt. Minor v. Minor, 257 Ga. 706, 710 (3) (362 SE2d 208) (1987); In re Harvey, 219 Ga. App. 76, 79 (464 SE2d 34) (1995). And this is plainly a situation of civil contempt inasmuch as the sanction employed by the trial court was entirely remedial in nature. Id. See also Alexander v. DeKalb County, 264 Ga. 362, 364 (1) (444 SE2d 743) (1994); Ensley v. Ensley, 239 Ga. 860 (238 SE2d 920) (1977).
Finally, the record completely belies the husband’s additional assertion that ordering the daily payment was an abuse of discretion. The dissent labels the trial court’s imposition of the $1,500 per day as “coercive” and “excessive under the circumstances” because there were less “draconian” options available and because the payments would constitute “an inappropriate windfall” for the wife. But, that is far from the case. In fact, the record of the husband’s consistent disregard of court orders and blatantly contemptuous behavior compels the conclusion that the trial court had little other option than to make it potentially costly for the husband to refuse to pay the wife the $14,593 in insurance proceeds, which represented the value of the vehicle awarded to the wife and to which the husband had agreed to furnish title.
The trial court was all too familiar with the husband’s pattern of misconduct and the fact that punishment by imprisonment had not worked to make him comply with court orders.
But, what completely belies the argument that the ordered daily payment was too harsh, and therefore, an abuse of the trial court’s discretion is the indisputable fact that the husband could avoid the daily payment altogether by merely complying with his obligation to pay to the wife the insurance proceeds he had wrongfully received. Simply put, the husband would not have to pay a penny of the $1,500 per day if he finally chose to make the court-ordered $14,593 payment to the wife. The only abuse that can be found is the husband’s continued attempts to avoid his lawful obligations to the wife.
3. The husband next contends that the trial court violated his constitutional right to due process in that he had no notice that the issue of his contempt for failing to pay the $14,593 would be before the court during the trial of the divorce, and that OCGA § 9-11-60
4. The husband also asserts that the trial court erred because the required payment of $ 14,593 is contrary to the jury verdict in that the trial court refused to inform the jury prior to deliberation that it would award such amount. However, that is far from the case. The husband testified before the jury that he used this amount of the insurance proceeds to pay his credit card debt, and the trial court instructed the jury that it would decide any issue involving the
5. Although the husband states that he is not appealing the December 4, 2003 order, he asserts that it and “related orders” are void as a matter of law in that the requirement that he transfer to the wife the 1999 Ford Expedition free of all liens and with good title was an equitable division of property which should not have occurred at a temporary hearing. However, he consented to provide the vehicle in order to resolve the contempt proceeding. And there is plainly no merit to his further claim that the consent order was unconscionable.
6. Lastly, the husband’s assertion that the trial court abused its discretion in granting physical custody of the parties’ minor children to the wife does not prevail.
In a custody contest between parents, a trial court has very broad discretion in awarding custody, with the foremost consideration being the best interest of the child. Moreover, this Court will not interfere with a trial court’s exercise of that discretion except when there has been a clear abuse thereof. In addition, [i]t is not an abuse of discretion if there is any evidence to support the trial judge’s decision of which party shall have custody.
(Punctuation omitted.) Echols v. Echols, 281 Ga. 546, 548 (640 SE2d 257) (2007). There is ample evidence of record to support the custody award.
Judgment affirmed.
The husband filed an application for discretionary appeal in this Court, which was granted automatically under this Court’s pilot project. See Wright v. Wright, 277 Ga. 133 (587 SE2d 600) (2003).
The husband had an interest in, among other enterprises, an automotive dealership, and the wife alleged that he had provided vehicles to at least three women with whom he was having extramarital affairs.
It was alleged that the husband had telephone service disconnected in an effort to keep his girlfriends from contacting the wife.
This order also stated that the husband sought to appeal the December 4,2003 order, and had moved the court to order the $14,593 to be paid into the registry of the court pending the outcome of an appeal; the court directed that the money be paid into the court registry.
In fact, the trial court noted in its August 16,2005 order, nunc pro tunc to August 12,2005, that in an effort to resolve the matter it had suggested that the husband pay the $14,593 to the wife to be offset against the lump-sum alimony award in the event that an appeal of the December 4, 2003 order was successful.
Our analysis renders it unnecessary to address the husband’s additional complaint that his due process rights, specifically the right to file a discretionary appeal, was abridged by the trial court because no written order was ever issued pertaining to the oral order of August 5, 2005.
In its order of August 16,2005, nunc pro tunc to August 12,2005, the trial court expressly found that “[e]vidence contained in the file and brought forth at trial illustrates that the [husband] does not object to being incarcerated. However, the [husband] did testify that he, ‘knows the value of money,’ ” and that “it is clear that incarceration will not persuade the [husband] to comply.”
OCGA § 9-11-60 (b provides in relevant part:
Reasonable notice shall be afforded the parties on all motions.
Dissenting Opinion
dissenting in part.
Although I agree with the rest of the majority opinion, I cannot concur with Division 2 of that opinion because I believe the trial court abused its discretion in ordering Chatfield (Husband) to pay AdkinsChatfield (Wife) $1,500 for each day that passes before he pays to her the sum of $14,593. While the evidence of willful disobedience of the trial court’s order to pay that sum was sufficient to support the trial court’s exercise of discretion in holding Husband in contempt, I believe the extent of the coercive efforts by the trial court was excessive under the circumstances of this case for two reasons: because there were less draconian options available and because the payment of such sums to Wife would constitute an inappropriate windfall.
The original obligation imposed on Husband was to provide Wife with transportation. Thus, since the obligation was one of support ordered to be provided from one party’s estate, it amounted to
The obligation at the heart of this matter was to provide transportation to Wife. The jury’s verdict, incorporated into the divorce decree, specifically awarded Wife, as part of the division of property, a particular vehicle, so the need for which the original obligation was intended to provide has been met. Thus, Wife’s need for transportation has been met and the trial court has additionally imposed a cash award of $14,593. That being so, the trial court’s imposition of additional indebtedness of $1,500 for every day the original obligation is not met is a windfall for Wife, not intended to meet any need and not necessary to balance the parties’ ownership of marital property.
While I recognize and value the importance of trial courts having means available to ensure compliance with their judgments, there must be practical limits to the power wielded in that effort. Where, as here, less destructive means exist and the coercive method chosen results in a windfall that unbalances what a jury sought to balance in terms of the parties’ relative ownership of marital assets, a trial court abuses its discretion by choosing so draconian a measure. Because the trial court abused its discretion, I would vacate the order requiring Husband to pay $1,500 for every day of delay in paying the existing obligation. Because the majority opinion does not recognize that abuse of discretion, I must respectfully dissent.
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