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Final Copy 290 Ga. 378 S11A1316. BAGWELL v. BAGWELL.

HINES, Justice. This Court granted Jennifer Bagwell's ("Wife") application for interlocutory appeal to determine whether the Superior Court of Hall County erred in denying her motion to dismiss her ex-husband, Benjamin Bagwell's, ("Husband") November 5, 2010, petition to modify child support. For the reasons that follow, we conclude that it was error to refuse to dismiss the petition, and we reverse. The Bagwells were married in 1992 and divorced in 2006. Under the final judgment and decree of divorce ("decree"), which incorporated an agreement of the parties, Husband and Wife were awarded joint legal and physical custody of their two minor children with Wife receiving primary physical custody, and Husband paying child support. In May 2010, Husband, an attorney, filed a pro se petition for downward modification of child support, alleging a substantial decrease in his income and financial status since the divorce, which decreased his ability to pay the previously awarded child support. Wife moved for

sanctions against Husband for his failure to respond to discovery, and on October 22, 2010, the superior court held a hearing in the matter, and at that time indicated its intent to dismiss the modification petition. On November 16, 2010, the superior court entered an order, nunc pro tunc to October 22, 2010, granting the motion for sanctions and dismissing Husband's petition for modification of child support. In so doing, the court found that the Husband had completely failed and refused to respond to the properly filed discovery in the case; that the failure to respond was wilful and intentional; that the information and documents sought by the Wife in discovery were necessary in order for her to be able to prepare for a modification hearing; that a litigant should not be permitted to proceed with an action for modification of child support when the litigant refused to provide any information about his financial circumstances; and that the Husband's refusal to respond to discovery was "even more egregious" because he was an attorney. Just 14 days after the superior court announced its intention to dismiss Husband's modification petition, on November 5, 2010, Husband filed the present second pro se petition for downward modification of his child support obligation, again alleging a substantial downward change in his income and
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financial status which decreased his ability to pay the previously agreed-to and ordered child support. The Wife moved to dismiss the modification petition on the basis that it was time-barred under OCGA

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