Autrey v. Autrey
288 Ga. 283
| Ga. | 2010Background
- Wife filed for divorce in Gwinnett County; husband served at marital home in Gwinnett.
- Husband claimed Cobb County domicile; argued venue improper in Gwinnett.
- Trial court held venue proper after evidence showed domicile remained in Gwinnett in the six months before filing.
- Bench trial produced evidence of substantial assets and income; court awarded wife primary custody and set child support.
- Husband moved for new trial; discretionary review granted; this Court affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was venue proper in Gwinnett County? | Autrey contends domicile was Cobb, not Gwinnett. | Autrey asserts his domicile and primary residence were in Cobb. | Venue in Gwinnett was proper. |
| Should trial income be set at $12,500 monthly for child support? | Income supported by evidence; trial court findings credible. | Disputed income figures; court overstate earned income. | Trial court's income finding falls within supportable range and was not clearly erroneous. |
| Did the court properly deviate from presumptive child support amount? | Deviation justified by extraordinary needs. | Deviations require more stringent justification. | Deviation upward of $907.91 upheld with rationale and statutory guidance. |
| Did the court abuse its discretion in awarding primary physical custody to the wife? | Custody award should follow best interests; there was evidence supporting it. | Custody dispute requires different allocation based on best interests. | No abuse of discretion; custody award affirmed. |
Key Cases Cited
- Smith v. Smith, 248 Ga. 268 (1981) (residence/domicile factual findings reviewed for support)
- Reynolds v. Reynolds, 233 Ga. 799 (1975) (deference to trial court on factual determinations)
- Langley v. Langley, 279 Ga. 374 (2005) (appellate review of credibility and factual findings)
- Frazier v. Frazier, 280 Ga. 687 (2006) (trial court discretion in child custody awards)
- Spurlock v. Dept. of Human Resources, 286 Ga. 512 (2010) (guidelines and deviations for child support)
- Wright v. Wright, 277 Ga. 133 (2003) (pilot project for family law discretionary review)