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Case Law Reviews: Child Support

Autrey v. Autrey, S10F1806

Categories: Child Custody, Child Support

Final decree awarded primary physical custody to Wife, ordered Husband to pay child support based on Husband’s income of $12,500.  Wife filed in Gwinnett in October 2008, Husband served two days later at marital residence in Gwinnet, where parties had lived for 20 years.  Husband asserted his domicile and primary residence was in Cobb, where Read More

Galvin v. Galvin, S10A1104

Categories: Child Custody, Child Support, Modifcation

Father petitioned for modification of custody and child support based on being unemployed. Downward modification of support that is retroactive to the date Father sought modification was not required, as Father only sought downward modification, and thus O.C.G.A. § 19-6-15(j) did not apply to keep child support from accruing. Trial court correctly imputed income to Read More

Herrin v. Herrin, S10A0384

Categories: Child Support

Father sought upward modification of child support obligation, but Court found no evidence that Mother was able to earn in excess of her then-current salary. To sustain an award of child support based upon a party’s earning capacity, there must be evidence that the party has the ability to earn an amount sufficient to pay Read More

Holloway v. Holloway, S10F1417

Categories: Attorney's Fees, Child Support

Divorce judgment reversed where there was an $18 difference in child support amount between the Settlement Agreement and the child support guidelines. Trial court’s order failed to set forth mandatory findings for deviation from guidelines, and Wife’s voluntary agreement to deviation cannot cure this defect. Attorney’s fee award cannot stand absent required findings of fact Read More

Jenkins v. Walker, S10A0907

Categories: Child Support

Father claimed that DFACS improperly placed him on child abuse registry after he entered a safety plan with Mother following allegations of child abuse. Safety plans are not agreements that may be enforced by DFACS; they are merely suggestions designed to prevent need for DFACS to take custody of the children who are subject to Read More

Mullin v. Roy f/k/a/ Mullin, S10F1120

Categories: Child Support

Trial courts have the discretion to order a lump sum payment of child support obligations. While in the midst of a divorce, husband was caught with child pornography, accordingly lost his job and was living off his $422,000 inheritance. Husband pled guilty in federal court, and was sentenced to five years in prison. The court Read More

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