Tanner v. Morris, S10A1227

*All courts mentioned are at the state level.

• Parties had a self-executing child support provision in their Final Divorce Decree saying that Father would pay Mother child support while each child was living at home with Mother.
• Trial court should not have found Father in contempt for reducing his support obligation when he had Mother’s consent for the two children to live with him.
• Father properly relied on Perry v. Perry 265 Ga. 186 (1995), which allows self-executing decrease of child support payments.
• Trial court properly found Father in contempt for failing to return the middle child to Mother upon her request, as she had primary physical custody and FDMA. However, trial court should have calculated child support arrearage amount from time Father lost consent to keep middle child. Award vacated and remanded.
• Attorney’s fees award to Mother was vacated.