333 Ga. App. 789
Ga. Ct. App.2015Background
- Parents Black and Ferlingere were unmarried; their daughter J.B. was legitimated in 2010 with primary physical custody awarded to Ferlingere and Black ordered to pay child support.
- Black filed a petition in December 2013 seeking modification of custody, visitation, and child support, alleging a material change in circumstances.
- After a hearing, the trial court’s December 8, 2014 Final Order changed custody to joint physical custody under an incorporated “Permanent Parenting Plan” and allocated parenting time per that plan.
- The Final Order also terminated Black’s existing child support obligation and stated that, because of the shared custody arrangement, neither parent would pay child support.
- The Final Order did not include or incorporate a completed child support worksheet or Schedule E, nor did it include the statutorily required written findings supporting a deviation from the presumptive child support amount.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the written Permanent Parenting Plan must conform to the trial court’s oral pronouncement of parenting time | Black: written plan deviates from court’s oral allocation; written plan should match oral ruling | Ferlingere: written Final Order controls; oral statements are nonbinding | Court: Written judgment controls; discrepancies resolved in favor of the written order (trial court’s oral pronouncements not binding) |
| Whether the Final Order’s child support ruling complied with statutory requirements for deviations | Black: trial court erred by awarding no support without required written findings/worksheet | Ferlingere: (implicit) shared custody justifies no child support; court discretion | Court: Reversed — Final Order lacked required findings and worksheet/Schedule E; statutory prerequisites for deviation were not met |
Key Cases Cited
- Birchby v. Carboy, 311 Ga. App. 538 (explaining that written judgment controls over oral pronouncements)
- In the Interest of S. F., 312 Ga. App. 671 (same principle on written judgment vs. oral statements)
- Parker v. Parker, 293 Ga. 300 (describing statutory child support worksheet and findings required for deviations)
- Brogdon v. Brogdon, 290 Ga. 618 (reversing when required deviation findings omitted)
- Crook v. Crook, 293 Ga. 867 (requiring attachment or incorporation of child support worksheet/Schedule E)
- Holloway v. Holloway, 288 Ga. 147 (noting child support guidelines are mandatory to protect children’s interests)
- Spurlock v. Dept. of Human Resources, 286 Ga. 512 (same)
- Johnson v. Ware, 313 Ga. App. 774 (remanding where deviation findings missing)