FEB-22-2008 FRI 770 683 8895

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:LEF:j{ OF
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IN THE SUPERIOR COURT OF COWETA amUNTY
STATE OF AUG I It 6
G,
COWETA COUHTY.GA
ELISA MARIE LOWE,
Plaintiff,
CIVIL ACTION FILE
VS.
NO. 200tV561
MICHAEL L. LOWE,
Defendant.
ORDER AND .JUDGMENT
The Plaintiff has filed her Modification of Child Support and Visitation, and Motion for
Contempt. At the hearing scheduled in this matter. the Defendant failed to appear, and it
appears that over forty-five (45) days have elapsed from the date of service of t.his action upon
Defendant,
After c.onsideration of the evidence presented by the Plaintiff, it is the order of the
Court that the child support shall be moditied to provide that the shall pay to the
Plajntiff the sum of $750.00 per month as support for their minor children, said sum to be
payable on August 10, 200 I and on the tenth day of each month thereafter lIntil both children
of the parties attain the age of majority, die, enter the armed forces, or become self-
supporting, provided that said child suppon shall not rermlnate upon attainmmt at age eighteen
so long as any child of the parties is enrolled full-time in a secundary school, until such child
gr.;.duates, or attains age twenty, whichever shall first occur.
. I
The Defendapt is further directed to provide to the Plaintiff a copy of his pay stub or
paycheck from his employer to verify his income, As additiortal chiid support, the Defendant
shall pay a sum equivtilent to twenty-five percent (25 %) of any excess income which he
earns fr{)m all so"rces .Qver.wm above the sum 0($3;000 per month.
Thepef'enrlant w;aSundet a llotice to produce financial records at tho final hearing in
tbis case and fa.i1.e4 rn or produce such records. It is therefore the furt.ner ordel; of this
Court that Defendant shall provide to the Plaintiff a copy of his federal tax returns as
directed in tl1e ,l)ivQIce Decree iletween the on or before April 15
1ti
of each calendar
year (fur calendar year).
The Defendant's obliga.tion to pay aU tuition fees, lunch money and activity expense
incurred for the children to attend the Ap.\demy nf "'t. George is terminated, it appearing that
the c:;;hi14renare no longer enrQlled in said school.
The Defen<iatit>s Wedl1e$d<;iy visitath.m terminated.
The Plaintiff filed a Motion for Contempt due to the Defendant's failure to provide
medical insurance coverage for the chilclten. his failure to provide copies of his federal income
and his failure to vacate thema:ritc'll residence as required by the Agreement
between the parties, and his faiture to pay the federal income tax debt of the parties. The
Plaintiff testified that the Defendant had sought "innocent spouse" status with Internal Revenue
Service, and was seeking to avoid payment of the federal inCOme tax obligation which he
assumed in the divorce Agreement between the parties.
The Court finds .that the Defendant has to comply with the afo:msaid provisions of
the Divorce Decree entered by this Court and that he is in WillftH violation of the Final Divorce
necree. The pefendant shall be allowed until September 20, 2001 to purge himself of hi$
contempt fot failure to cOmply With the af()rementioned provision of the Divorce l)ecree.
Defendant is ordered and to shtsw cause before this CoUrt on September 20.2001
whether pe of his contempt-with respeCt to the aforesaid matters. Failing
such" this COUtt willen.'.te.rtaiil a motion from the Plaintiff to incarcer'ate thle Defendant for his
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failure to comply.
The Court fUftherawardsattomey's fees and the costs ofthis action to the PLaintiff) and
the Defendant is bntered and direcle(i to pay to the ,Plaintiffthe$lun of $590.00 on or before
September 20, 200 L
IT IS SO ORDERED nunc pro tunc August 9, 2001, this / August. 2001.
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