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S11A1532. EDGE v. EDGE
State: Georgia
Court: Supreme Court
Docket No: S11A1532
Case Date: 02/27/2012
Preview:Final Copy 290 Ga. 551 S11A1532. EDGE v. EDGE. MELTON, Justice. Mark Anthony Edge (Husband) and Marilyn K. Edge (Wife) were divorced on December 19, 2007. On March 17, 2008, Husband filed a complaint for a downward modification of his child support obligations to Wife. On March 25, 2008, Wife filed an answer and counterclaim for an upward modification of child support, and, on July 7, 2009, Wife filed a motion for contempt, contending Husband had failed to properly make required support payments. On January 12, 2009, Husband traveled to Afghanistan for his employer. Prior to leaving, Husband informed his attorney of his correct Atlanta address. On June 15, 2009, Husband's counsel filed a motion to withdraw but included an incorrect address for Husband in her motion. On September 8, 2009, the trial court held a hearing on the case. Husband, who was in Afghanistan, did not appear; however, Husband's attorney did appear, moved for a continuance, and asked that her motion to withdraw be granted. The trial court entered an order allowing Husband's counsel to withdraw, and a new hearing was set for October 26, 2009. Husband's counsel sent notice of her withdrawal to Husband's correct

address, but the notice for the October 26 hearing was sent to the incorrect address on the motion to withdraw. Husband was still in Afghanistan and claims that he never received actual notice of the hearing. On October 26, 2009, the trial court conducted the hearing and entered a final order, holding that Wife should have sole legal and physical custody of the parties' children, Husband's right of visitation should be eliminated, Husband should be held in contempt for failure to pay child support, Husband's child support obligations should be increased, and Husband should pay Wife's attorney fees. Husband maintains that he first learned about this ruling when his employer received an income deduction order dated November 5, 2009. On November 23, 2009, Husband filed a motion to set aside the trial court's order pursuant to OCGA
Download S11A1532. EDGE v. EDGE.pdf

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