Case Law Review
*All courts mentioned are at the state level.
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
At temporary hearing, trial court awarded physical custody to Husband and joint legal custody to both parties. At final trial, court awarded permanent physical and legal custody to Husband. Supreme Court reversed, as the trial court relied on evidence from the temporary hearing without notifying the parties. A temporary award of custody differs in nature Read More
Parties were divorced and custody of the child was awarded to maternal grandparents. Husband then remarried and filed a modification requesting custody claiming he could now provide a stable home for the child. Once custody is awarded to a third party in an action to which a parent was a party, the roles of the Read More
Supreme Court acknowledged that there are contradictory lines of cases that dictate at what point in time awards of temporary alimony and child support cease to be effective after a final judgment awarding different amounts is appealed. Here, the Court held that, if not otherwise altered by the trial court, a temporary award continues in Read More
General prayer for relief in Petition should put respondent on notice of issues to be presented at upcoming hearing, such as a request to determine custody. Failing to file an answer to a petition can serve to waive any defense to the original claim but will not waive the right to respond to a subsequent Read More
The Court held that the trial court’s award to Mother of $70,224 in back support was an abuse of discretion, and that the trial court erred in refusing to consider the Child Support Guidelines of O.C.G.A. § 19-6-15 in its order regarding back-support. Mother had sued Father for past and future child support for the Read More