Moon v. Moon, 589 S.E.2d 76 (Ga. 2003). · Go Syfert
Moon v. Moon, 589 S.E.2d 76 (Ga. 2003). Cases Citing This Book View Copy Cite
106 citation events (106 in the last 25 years) across 7 distinct courts.
Strongest positive: Jennie L. Doyle v. Adon D. Haas (gactapp, 2025-03-03)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 41 distinct citers.
discussed Cited as authority (rule) Jennie L. Doyle v. Adon D. Haas (2×)
Ga. Ct. App. · 2025 · confidence medium
OCGA § 9-15-14 (b) provides as follows: The court may assess reasonable and necessary attorney’s fees and expenses of litigation in any civil action in any court of record if, upon the motion of any party or the court itself, it finds that an attorney or party brought or defended an action, or any part thereof, that lacked substantial justification or that the action, or any part thereof, was interposed for delay or harassment, or if it finds that an attorney or party unnecessarily expanded the proceeding by other improper conduct, including, but not limited to, abuses of discovery procedur…
discussed Cited as authority (rule) Eddie Freeman v. Tabatha Freeman (2×)
Ga. Ct. App. · 2024 · confidence medium
See also Williams v. Cooper, 280 Ga. 145, 147 (1) ( 625 SE2d 754 ) (2006) (“an award under OCGA § 19-6-2 depends on the financial circumstances of the parties, not their wrongdoing”); Moon v. Moon, 277 Ga. 375, 378 (6), n.4 ( 589 SE2d 76 ) (2003) (given 4 the purpose of a fees award under OCGA § 19-6-2, such an award cannot be “predicated upon a finding of misconduct of a party”).
discussed Cited as authority (rule) Ehsan Razavi v. Vickie Marie Emily (2×) also: Cited "see"
Ga. Ct. App. · 2024 · confidence medium
“Generally, an award of attorney fees is not available in Georgia unless authorized by statute or contract.” Moon v. Moon, 277 Ga. 375, 379 (6) ( 589 SE2d 76 ) 13 (2003).
discussed Cited as authority (rule) SCRUDDER, BASS, QUILLIAN, HORLOCK, LAZARUS & ADELE, LLP v. RHONDA BARKEN (2×)
Ga. Ct. App. · 2024 · confidence medium
T., 325 Ga. App. 590, 591 ( 754 SE2d 380 ) (2014). 11 Deal v. Coleman, 294 Ga. 170, 172 (1) () ( 751 SE2d 337 ) (2013) (punctuation omitted); accord Holcomb, 329 Ga. App. at 517 (1). 12 See Holcomb, 329 Ga. App. at 517 (1); accord Deal, 294 Ga. at 172 (1) (a); see also Tibbles v. Teachers Retirement Sys. of Ga., 297 Ga. 557, 558 (1) ( 775 SE2d 527 ) (2015) (“A statute draws it meaning, of course, from its text.” (punctuation and citation omitted)); Chan v. Ellis, 296 Ga. 838, 839 ( 770 SE2d 851 ) (2015) (same); State v. Able, 321 Ga. App. 632, 636 ( 742 SE2d 149 ) (2013) (“A judge is cha…
discussed Cited as authority (rule) Carbo Ceramics, Inc. v. Board of Tax Assessors for Wilkinson County Georgi
Bankr. S.D. Tex. · 2024 · confidence medium
THE COUNTY IS NOT ENTITLED TO CONTRACTUAL ATTORNEYS’ FEES “Generally, an award of attorney fees is not available in Georgia unless authorized by statute or contract.” Moon v. Moon, 277 Ga. 375, 379 (2003).
discussed Cited as authority (rule) Peter Chatel v. Leslie P. Carroll
Ga. Ct. App. · 2023 · confidence medium
As such, Chatel’s argument is unavailing. 11 (2019) (“[a]n award under [the] statute is not predicated upon a finding of misconduct of a party.”) (citation and punctuation omitted); Moon v. Moon, 277 Ga. 375, 379 (6), n. 4, ( 589 SE2d 76 ) (2003).
examined Cited as authority (rule) Williams v. Williams (3×) also: Cited "see"
Ga. · 2017 · confidence medium
Williams v. Becker, 294 Ga. 411, 413 (2) n. 1 ( 754 SE2d 11 ) (2014), citing Moon, supra, 277 Ga. at 378 (6).
examined Cited as authority (rule) Williams v. Williams (3×) also: Cited "see"
Ga. · 2017 · confidence medium
Williams v. Becker, 294 Ga. 411, 413 (2) n. 1 ( 754 SE2d 11 ) (2014), citing Moon, supra, 277 Ga. at 378 (6).
cited Cited as authority (rule) Hall v. Hall
Ga. Ct. App. · 2015 · confidence medium
(Citations and punctuation omitted.) Moon v. Moon, 277 Ga. 375, 378 (6) ( 589 SE2d 76 ) (2003).
discussed Cited as authority (rule) Moore v. Moore
Alaska · 2015 · confidence medium
Lee v. Lee, 49 So.3d 211, 215 (Ala.Civ.App.2010) (citing Shady v. Shady, 858 N.E.2d 128, 143 (Ind.App.2006); Moon v. Moon, 277 Ga. 375 , 589 S.E.2d 76, 79-80 (2003)); see also Monette v. Hoff, 958 P.2d 434, 436 (Alaska 1998) (limiting visitation in part based on the guardian ad li-tem's testimony that "[the mother's] history of secreting away her daughter from [the daughter's father], as well as her conduct of not telling [the father] exactly where the child was here in Alaska for a period of time does cause concern that she presents a risk of abduction of, the child"). 20 .
cited Cited as authority (rule) Gordon v. Abrahams
Ga. Ct. App. · 2015 · confidence medium
“Generally, an award of attorney fees is not available in Georgia unless authorized by statute or contract.” (Citation omitted.) Moon v. Moon, 277 Ga. 375, 379 (6) ( 589 SE2d 76 ) (2003).
cited Cited as authority (rule) Razavi v. Merchant
Ga. Ct. App. · 2014 · confidence medium
Moon v. Moon, 277 Ga. 375, 379 (6) ( 589 SE2d 76 ) (2003) (punctuation omitted).
discussed Cited as authority (rule) Ehsan Razavi v. Arif Merchant
Ga. Ct. App. · 2014 · confidence medium
“OCGA § 9-15-14 (b) authorizes an award of reasonable and necessary attorney fees upon a finding that an action or any part thereof lacked substantial justification.”2 An award pursuant to “OCGA § 9-15-14 (b) is discretionary and the standard of review is abuse of discretion.” 3 “When a trial court decides in its discretion to award attorney fees, . . . the order must contain express findings of fact and conclusions of law as to the statutory basis for any such award and the conduct which would authorize it.”4 2 Moon v. Moon, 277 Ga. 375, 378 (6) ( 589 SE2d 76 ) (2003) (punctuati…
cited Cited as authority (rule) Raford Echols Horton v. Joseph Lee Dennis
Ga. Ct. App. · 2013 · confidence medium
“Generally, an award of attorney fees is not available in Georgia unless authorized by statute or contract.” (Citation omitted.) Moon v. Moon, 277 Ga. 375, 379 (6) ( 589 SE2d 76 ) (2003).
cited Cited as authority (rule) Horton v. Dennis
Ga. Ct. App. · 2013 · confidence medium
“Generally, an award of attorney fees is not available in Georgia unless authorized by statute or contract.” (Citation omitted.) Moon v. Moon, 277 Ga. 375, 379 (6) ( 589 SE2d 76 ) (2003).
discussed Cited as authority (rule) James W. Lacy v. Emily C. Lacy
Ga. Ct. App. · 2013 · confidence medium
The judge did not state the statutory basis for the award. 16 Accordingly, the award of attorney fees is vacated and “the case is remanded to the trial court for a statement of the statutory basis for the award of attorney fees and any finding that must be made to support it.” Moon v. Moon, 277 Ga. 375, 378 (6) ( 589 SE2d 76 ) (2003).
discussed Cited as authority (rule) Lacy v. Lacy
Ga. Ct. App. · 2013 · confidence medium
Accordingly, the award of attorney fees is vacated, and “the case is remanded to the trial court for a statement of the statutory basis for the award of attorney fees and any finding that must be made to support it.” Moon v. Moon, 277 Ga. 375, 378 (6) ( 589 SE2d 76 ) (2003).
discussed Cited as authority (rule) Longe v. Fleming (2×)
Ga. Ct. App. · 2012 · confidence medium
Moon v. Moon, 277 Ga. 375, 378 (6) ( 589 SE2d 76 ) (2003).
discussed Cited as authority (rule) In re the Marriage of Katare
Wash. · 2012 · confidence medium
App. 2010) (“[A] number of cases in American jurisdictions recognize the propriety of [limited] visitation when the noncustodial parent is shown to pose a risk of abduction.” (citing Shady v. Shady, 858 N.E.2d 128, 143 (Ind. Ct. App. 2006); Moon v. Moon, 277 Ga. 375, 377 , 589 S.E.2d 76, 79-80 (2003); Monette v. Hoff, 958 P.2d 434, 436 (Alaska 1998))). 6 ¶24 Brajesh next contends the Court of Appeals’ decision in this matter conflicts with In re Marriage of Wicklund, 84 Wn.
cited Cited as authority (rule) Ward v. Ward
Ga. · 2011 · confidence medium
“Generally, an award of attorney fees is not available in Georgia unless authorized by statute or contract.” Moon v. Moon, 277 Ga. 375, 378 ( 589 SE2d 76 ) (2003).
cited Cited as authority (rule) Lee v. Lee
Ala. Civ. App. · 2010 · confidence medium
E.g., Shady v. Shady, 858 N.E.2d 128, 143 (Ind.Ct.App.2006); Moon v. Moon, 277 Ga. 375, 377 , 589 S.E.2d 76, 79-80 (2003); and Monette v. Hoff, 958 P.2d 434, 436 (Alaska 1998).
cited Cited as authority (rule) O'Keefe v. O'Keefe
Ga. · 2009 · confidence medium
Moon v. Moon, 277 Ga. 375, 379 (6) ( 589 SE2d 76 ) (2003).
discussed Cited as authority (rule) Ford v. Hanna
Ga. Ct. App. · 2008 · confidence medium
Compare Wilson v. Wilson, 282 Ga. 728, 734 ( 653 SE2d 702 ) (2007); Moon v. Moon, 277 Ga. 375, 378-379 ( 589 SE2d 76 ) (2003), and Cason v. Cason, 281 Ga. 296, 299-300 ( 637 SE2d 716 ) (2006) (remand where trial court failed to make findings sufficient to support award of fees under OCGA § 9-15-14).
cited Cited as authority (rule) Hadden v. Hadden
Ga. · 2008 · confidence medium
See OCGA§ 19-9-3 (e); Moon v. Moon, 277 Ga. 375, 376 (2) ( 589 SE2d 76 ) (2003). 4.
discussed Cited as authority (rule) In Re Serpentfoot
Ga. Ct. App. · 2007 · confidence medium
T., 197 Ga. App. 300 (1) ( 398 SE2d 286 ) (1990). 8 (Citation and punctuation omitted.) Kicklighter v. Woodward, 267 Ga. 157, 162 (4) ( 476 SE2d 248 ) (1996). 9 (Citation omitted.) Moon v. Moon, 277 Ga. 375, 379 (6) ( 589 SE2d 76 ) (2003). 10 Williamson v. Harvey Smith, Inc., 246 Ga. App. 745, 751 (8) ( 542 SE2d 151 ) (2000). 11 Bankhead v. Moss, 210 Ga. App. 508, 509 (1) ( 436 SE2d 723 ) (1993). 12 (Citations and punctuation omitted.) Hall v. Monroe County, 271 Ga. App. 895, 897 (2) ( 611 SE2d 120 ) (2005).
discussed Cited as authority (rule) Weil v. Paseka
Ga. Ct. App. · 2006 · signal: cf. · confidence medium
Cf. Moon v. Moon, 277 Ga. 375, 378 (5) ( 589 SE2d 76 ) (2003) (because there was only a mere possibility that, in addition to her monthly child support obligation, the mother would incur medical and counseling expenses for her children in the future, she could not show that the court’s order departed from the child support guidelines).
discussed Cited as authority (rule) Findley v. Findley (2×)
Ga. · 2006 · confidence medium
Moon v. Moon, 277 Ga. 375, 378 (6) ( 589 SE2d 76 ) (2003).
discussed Cited as authority (rule) Williams v. Cooper
Ga. · 2006 · confidence medium
This is so because the basis for an award of fees under the two statutes is different: The purpose of an award of attorney fees pursuant to § 19-6-2 is “to ensure effective representation of both spouses so that all issues can be fully and fairly resolved.” [Cit.] The damages authorized by § 9-15-14 “are intended not merely to punish or deter litigation abuses but also to recompense litigants who are forced to expend their resources in contending with [abusive litigation].” [Cit.] *147 Moon v. Moon, 277 Ga. 375, 378 (6) ( 589 SE2d 76 ) (2003).
discussed Cited as authority (rule) Gomes v. Gomes
Ga. · 2004 · confidence medium
It did not fall within the parameters of this Court’s pilot project, which automatically grants “all nonffivolous applications in divorce and/or alimony cases,” because Wife did not comply with the requirements for filing thereunder. 2 Mixon v. Mixon, 278 Ga. 446 ( 603 SE2d 287 ) (2004) (trial court order granting attorney's fees in a divorce action sufficient despite its failure to expressly reference OCGA§ 19-6-2 as the statutory basis for the award). 3 Weaver v. Weaver, 263 Ga. 56 ( 428 SE2d 79 ) (1993). 4 Moon v. Moon, 277 Ga. 375, 378 (6) ( 589 SE2d 76 ) (2003). 5 Husband contends …
discussed Cited as authority (rule) Mixon v. Mixon (2×)
Ga. · 2004 · confidence medium
The purpose of an award of attorney fees pursuant to OCGA § 19-6-2 is “to ensure effective representation of both spouses so that all issues can be fully and fairly resolved. [Cit.]” Moon v. Moon, 277 Ga. 375, 379 (6) ( 589 SE2d 76 ) (2003).
discussed Cited "see" Gallemore v. White (2×)
Ga. · 2018 · signal: see · confidence high
See Moon v. Moon, 277 Ga. 375, 379 (6) ( 589 SE2d 76 ) (2003).
discussed Cited "see" Gallemore v. White (2×)
Ga. · 2018 · signal: see · confidence high
See Moon v. Moon , 277 Ga. 375 , 379 (6), 589 S.E.2d 76 (2003).
discussed Cited "see" Seth Ansell v. Anna A. Ansell (2×)
Ga. Ct. App. · 2014 · signal: see · confidence high
The purpose of an award of attorney fees pursuant to OCGA § 19-6-2 is to “ensure effective representation of both spouses so that all issues can be fully and fairly resolved.”12 “[A]n award of attorney fees pursuant to [OCGA] § 19-6-2 is not predicated upon a finding of misconduct of a party.”13 10 See Hunter v. Hunter, 289 Ga. 9, 10 (2) ( 709 SE2d 263 ) (2011) (appellate court presumed that attorney fees award was made pursuant to OCGA § 19-6-2 where trial court’s order did not specify the statute pursuant to which it had considered an award of attorney fees, neither party sought…
discussed Cited "see" White v. Howard (2×)
Ga. · 2014 · signal: see · confidence high
See Moon v. Moon, 277 Ga. 375, 379 ( 589 SE2d 76 ) (2003) (discussing attorney fees awards under OCGA §§ 19-6-2 and 9-15-14).
discussed Cited "see" Williams v. Becker (2×)
Ga. · 2014 · signal: see · confidence high
See Moon v. Moon, 277 Ga. 375, 379 ( 589 SE2d 76 ) (2003).
discussed Cited "see" Wilson v. Wilson (2×)
Ga. · 2007 · signal: accord · confidence high
Accord Moon v. Moon, 277 Ga. 375, 378-379 ( 589 SE2d 76 ) (2003). 17 Cason, 281 Ga. at 300 .
discussed Cited "see" Padilla v. Padilla (2×)
Ga. · 2007 · signal: see · confidence high
See Wright v. Wright, 277 Ga. 133 ( 587 SE2d 600 ) (2003). 2 The trial court’s bench ruling at the conclusion of trial, subsequently memorialized in its final order, is also silent as to the statutory basis for the fee award. 3 Contrary to appellee’s contention, Moon v. Moon, 277 Ga. 375 (6) ( 589 SE2d 76 ) (2003), does not support her position.
discussed Cited "see" Facey v. Facey (2×)
Ga. · 2006 · signal: see · confidence high
See Moon v. Moon, 277 Ga. 375, 377-378 (5) ( 589 SE2d 76 ) (2003).
discussed Cited "see, e.g." Lehn v. Al-Thanayyan
Ariz. Ct. App. · 2019 · signal: see, e.g. · confidence low
See, e.g., Moon v. Moon, 589 S.E.2d 76 , 79–80 (Ga. 2003) (holding court has discretion to impose bond to assure return of children); Charpie v. Charpie, 752 N.Y.S.2d 291, 293 (App. Div. 2002) (same); Stonham v. Widiastuti, 79 P.3d 1188 , 1197–98 (Wy. 2003) (same).
examined Cited "see, e.g." Williams v. Williams (4×)
Ga. · 2014 · signal: see, e.g. · confidence low
See, e.g., Moon v. Moon, 277 Ga. 375 (6) ( 589 SE2d 76 ) (2003).
discussed Cited "see, e.g." Robinson v. Williams (2×)
Ga. · 2006 · signal: see also · confidence low
See also Moon v. Moon, 277 Ga. 375 (6) ( 589 SE2d 76 ) (2003).
Moon
v.
Moon
S03F0991.
Supreme Court of Georgia.
Nov 17, 2003.
589 S.E.2d 76
Gibson, Deal & Fletcher, William A. Fletcher, Jr., Michael R. Dunham, for appellant., McNally, Fox & Grant, Patrick J. Fox, for appellee.
Benham.
Cited by 48 opinions  |  Published
Benham, Justice.

Appellant Margaret Moon filed a complaint for divorce in the Superior Court of Fayette County on June 27, 1997, and immediately moved to Kansas with the couple’s two children. Appellant was designated the temporary primary physical custodian of the children in an order filed in November 1997; appellee David Moon was awarded the temporary primary legal and physical custody of the children in December 2000. A bench trial took place May 17, 18, and June 22, 1999, and December 7 and 12, 2001. The final judgment and decree of divorce awarded sole legal and physical custody of the children to Mr. Moon, found Mrs. Moon to be an unfit parent, required her to pay child support of thirteen percent of her gross monthly income or at[*376] least $229.71 for each child, [1] made her responsible for one-half of the children’s uninsured medical costs and all of the children’s uninsured psychiatric, psychological, or counseling expenses, required her to maintain life insurance policies of $25,000 payable to each child, and placed restrictions upon the exercise of the visitation awarded her. [2] Mrs. Moon’s motion for new trial was denied by the trial court, and we granted her application for discretionary review of the trial court’s judgment.

1. Mrs. Moon contends the trial court committed reversible error when it refused to permit Mrs. Moon to present the expert testimony of the psychologist who treated the couple’s son. The trial court based its ruling on the fact that Mrs. Moon had not identified the psychologist as an expert she intended to call at trial in her responses to Mr. Moon’s interrogatories requesting such information. See OCGA § 9-11-26 (b) (4) (A) (i). Generally, in order to obtain review of a ruling excluding testimony, it must be shown what testimony was expected of the witness. Anderson v. Jarriel, 224 Ga. 495 (3) (162 SE2d 322) (1968). When the trial court announced that the expert would not be permitted to testify, Mrs. Moon did not make a proffer of the content of the excluded witness’s testimony. Having failed to show what testimony was expected of the witness, Mrs. Moon is not entitled to review of the trial court’s ruling excluding the testimony. Id.

2. Mrs. Moon next contends the trial court erred when it declined to hear the testimony of the couple’s 14-year-old daughter and 13-year-old son at the final hearing on the petition for divorce. OCGA § 19-9-1 (a) (3) (A) provides that a child who has reached the age of 14 “shall have the right to select the parent with whom he or she desires to live. The child’s selection shall be controlling, unless the parent so selected is determined not to be a fit and proper person to have the custody of the child.” OCGA § 19-9-1 (a) (3) (B) requires the trial court “to consider the desires, if any, and educational needs of the child [who has reached the age of at least 11 but not 14 years] in determining which parent shall have custody. . . .” The trial court based its ruling on Mrs. Moon’s failure to comply with Uniform Superior Court Rule 24.5 (B), which requires leave of court in order for minor children of the parties to testify at a temporary hearing. Any error in failing to have heard from the children during the final hearing is rendered harmless by the trial court’s determination that Mrs.[*377] Moon, was unfit, since the 14-year-old child’s statutory right to choose her custodial parent is not controlling when the parent chosen is declared unfit and the 13-year-old child’s statutory right to have his desires considered by the trial court is limited by the trial court’s statutory right to have complete discretion in assigning custody. Furthermore, we note that no proffer was made regarding the content of the children’s testimony.

3. Mrs. Moon next takes issue with the imposition of the requirement that she post a $100,000 bond as a prerequisite to her exercise of her visitation rights. “The bond . . . merely assures that appellant will comply with the terms of the court’s order and return the children ... at the expiration of the visitation period.” Dearman v. Rhoden, 235 Ga. 457 (5) (219 SE2d 704) (1975). Whether to require the posting of a bond by Mrs. Moon to assure the return of the children is a matter within the trial court’s discretion (Pruitt v. Butterfield, 189 Ga. 593, 595 (6 SE2d 786) (1940)), and, given Mrs. Moon’s earlier refusal to return the children to Georgia as ordered by courts in both Georgia and Kansas, we see no abuse in the trial court’s discretion.

4. Mrs. Moon next sees error in the trial court’s dual requirement that her visitation with her children be supervised as well as be preceded by the posting of the $100,000 bond. Supervision of visitation serves as a means to allay concerns the parent might abduct the child. Chandler v. Chandler, 261 Ga. 598 (1) (409 SE2d 203) (1991). It is within the trial court’s discretion to require supervision of a noncustodial parent’s exercise of visitation rights. Gunnells v. Gunnells, 225 Ga. 188 (2) (167 SE2d 138) (1969). In light of Mrs. Moon’s history of removing the children from Georgia and refusing to disclose their location to the court during the pendency of the divorce proceedings, we conclude the trial court did not err in requiring supervision.

5. Mrs. Moon maintains the trial court’s award of child support exceeds the statutory guidelines without written findings of special circumstances to warrant departure from the guidelines. See OCGA § 19-6-15 (c). In its order, the trial court found Mrs. Moon had a gross monthly income of approximately $1,767 and Mr. Moon’s gross monthly income was approximately $3,429. The trial court ordered Mrs. Moon to pay as child support an amount equal to 13 percent of her gross monthly income for each of the two children, with payment no less than $229.71 per child, making her total monthly child support payment 26 percent of her current gross monthly income. [3][*378] Under the Child Support Guidelines, the applicable range of percentages of gross income to be considered when two children are involved is 23-28 percent. OCGA § 19-6-15 (b) (5).

Mrs. Moon contends the payments set by the trial court, when combined with the requirement she pay one-half of uninsured medical expenses and all of the uninsured psychiatric, psychological, and counseling expenses, have the possibility of exceeding the statutory guidelines and must be overturned since there are no written findings supporting an award in excess of the Guidelines. A child’s extraordinary medical costs is a special circumstance to examine when considering whether the statutory Guidelines’ presumptive amount is excessive or inadequate. OCGA § 19-6-15 (c) (2). Inasmuch as it is unknown whether the children will incur amounts of uninsured medical expenses and uninsured counseling expenses so as to constitute “extraordinary medical costs,” the mere possibility of such expenses is not sufficient at this juncture to support a finding that the award of child support departs from the Guidelines. Mrs. Moon also maintains it is improper for the trial court to set a minimum monthly payment amount, contending it will require payments in excess of the Guidelines should her gross monthly income decrease in the future. OCGA § 19-6-15 (a) requires the trial court to “specify in what amount and from which party the minor children are entitled to permanent support.” Accordingly, the trial court did not err when it set out the actual amount of child support to be paid by Mrs. Moon. The child support requirement does not preclude Mrs. Moon from seeking downward modification of her support obligation should she experience in the future a reduction in income that makes her child support payments fall outside the Guidelines. Jarrett v. Jarrett, 259 Ga. 560 (2) (385 SE2d 279) (1989). See also OCGA § 19-6-19.

6. Lastly, Mrs. Moon contends the trial court’s award of $14,300 in attorney fees to Mr. Moon was not based on sufficient evidence. Without stating the basis for its award, the trial court determined that Mr. Moon should be paid $6,800 attorney fees for the litigation that took place in Kansas and $7,500 for legal services rendered in Georgia. During the bench trial, Mr. Moon testified he had hired attorneys in Kansas to represent him in litigation filed there by Mrs. Moon, he had paid the Kansas attorneys “between $5 to $7,000” and owed them an additional $1,800. At the conclusion of the bench trial, the trial court asked Mr. Moon to present evidence of the amount of attorney fees he had incurred in the divorce litigation in Georgia.[*379] Counsel informed the court they were seeking $7,500 to cover the “numerous hearings” seeking visitation, the discovery process, the temporary hearing, and the four days of trial. Mrs. Moon’s counsel declined the opportunity to cross-examine the attorney presenting the evidence.

Generally, an award of attorney fees is not available in Georgia unless authorized by statute or contract. Cary v. Guiragossian, 270 Ga. 192 (4) (508 SE2d 403) (1998). OCGA § 19-6-2 (a) (1) authorizes the grant of attorney fees in a divorce action “[w]ithin the sound discretion of the court, except that the court shall consider the financial circumstances of both parties as a part of its determination of the amount of attorney’s fees, if any, to be allowed against either party. . . .” OCGA § 9-15-14 (b) authorizes an award of “reasonable and necessary” attorney fees upon a finding that an action or any part thereof “lacked substantial justification, . . . was interposed for delay or harassment, or ... an attorney or party unnecessarily expanded the proceeding by other improper conduct. . . .” The purpose of an award of attorney fees pursuant to § 19-6-2 is “to ensure effective representation of both spouses so that all issues can be fully and fairly resolved.” Johnson v. Johnson, 260 Ga. 443, 444 (396 SE2d 234) (1990). The damages authorized by § 9-15-14 “are intended not merely to punish or deter litigation abuses but also to recompense litigants who are forced to expend their resources in contending with [abusive litigation].” Ferguson v. City of Doraville, 186 Ga. App. 430, 440 (on MFR) (367 SE2d 551) (1988), overruled on other grounds, Vogtle v. Coleman, 259 Ga. 115 (376 SE2d 861) (1989). If the award of attorney fees to Mr. Moon was predicated on OCGA § 9-15-14, it must be vacated because the findings necessary to support such an award were not made. If the award was predicated on OCGA § 19-6-2, it must be vacated because the only evidence of the parties’ financial circumstances contained in the trial court’s order is the parties’ gross monthly income which shows that Mrs. Moon has one-half the income of Mr. Moon. Such evidence does not support the conclusion that the award of attorney fees was to ensure that the recipient spouse could afford effective representation. [4] Accordingly, the case is remanded to the trial court for a statement of the statutory basis for the award of attorney fees and any finding that must be made to support it.

[*380] Decided November 17,2003. Gibson, Deal & Fletcher, William A. Fletcher, Jr., Michael R. Dunham, for appellant. McNally, Fox & Grant, Patrick J. Fox, for appellee.

Judgment affirmed in part, reversed in part, and remanded with direction.

All the Justices concur.
1

The trial court found Mrs. Moon’s gross monthly income to be approximately $1,767 and noted that the applicable range of support under the Georgia Child Support Guidelines for two children was 23-28 percent of the payor’s gross monthly income.

2

Mrs. Moon’s visitation was subject to the continuous supervision of the Fayette County Department of Family and Children Services or its designee, and she was required to post a $100,000 bond and present documentation of the bond to Mr. Moon prior to the period of visitation.

3

As noted earlier, Mrs. Moon is also required to maintain two $25,000 life insurance policies for the benefit of her children. “The amount of the premium for such life insurance shall be counted as a part of the support ordered pursuant to the provisions of Code Section 19-6-15 [the Child Support Guidelines]. . . .” OCGA § 19-6-34 (b). See also Esser v. Esser, [*378] 277 Ga. 97 (586 SE2d 627) (2003). Should the monthly amount of the premiums for the policies, together with the monthly child support payment of $459.42, exceed 28 percent of Mrs. Moon’s monthly gross income, the trial court must make written findings justifying the variation from the Guidelines. OCGA § 19-6-15 (b) (5).

4

If the award was predicated on OCGA § 19-6-2, we note that “direct testimony as to the value of legal services is not required in determining attorney fees in those cases involving alimony. [Cit.] . . . [A]s experienced and able lawyers, trial judges are quite capable of placing a value on the legal services rendered by an attorney in a divorce action. [Cits.]” Webster v. Webster, 250 Ga. 57, 58 (295 SE2d 828) (1982). In addition, an award of attorney fees pursuant to § 19-6-2 is not predicated upon a finding of misconduct of a party. In the Interest of S. K. R., 229 Ga. App. 652, n. 2 (494 SE2d 558) (1997).