Fitzgerald (Ray) v. Fitzgerald
Circuit Court of Jefferson County, Alabama
Case No: DR-2005-1317.01-JAP
SUMMARY
Summary: The parties were divorced in 2005 and the mother received legal custody of the minor children and $15,000.00 cash as a property settlement. In 2010, the father and my client filed a Petition to Modify the Divorce Decree, reduce child support and receive standard visitation with the minor child. The mother filed a Petition for Rule Nisi and Counterclaim stating that the father had never paid the $15,000.00 property settlement. The mother requested the following relief: $15,000.00 plus interest, the father be held in criminal and civil contempt of court and jailed, and attorney fees. The Trial was held on March 8, 2001, and the trial court ordered the father standard visitation with the minor child, reduced the amount of child support he was required to pay and ruled that the he had paid the mother the $15,000.00 property settlement from the Divorce Decree. The mother was not entitled to attorney fees.
Disposition: Trial won for the father, won reduced child support, awarded standard visitation, and he did not have to pay $15,000.00.
