Carr-MacArthur v. Carr
296 Ga. 30
Ga.2014Background
- Mother and Father were married in 2004 and divorced in 2009; the settlement gave Mother primary physical custody and Father, in Georgia, joint legal custody.
- Mother moved to Florida; in 2010 she surrendered physical custody to Father after Florida authorities found her home unsafe.
- Georgia juvenile court deprivation proceedings occurred in 2010, followed by a 2013 final order granting Father primary physical custody and modifying child support.
- There was evidence of Mother’s prior and new psychological/physical health conditions, some of which were only known to Father around the divorce.
- The trial court delayed issuing a final custody order from the February 2012 hearing until September 2013; an order was entered with a detailed parenting plan and child-support provisions.
- The Georgia Supreme Court affirmed in part, reversed in part, and remanded for written findings on the deviation from presumptive child-support and other proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Change in material conditions supports modification? | Mother argues no material change. | Father contends there was a material change due to surrender and new conditions. | Yes, material change supported. |
| Delay in final order violated OCGA 19-9-3(a)(8)? | Delay violated timely final order requirement. | Delay tolerated; no jurisdiction loss. | No jurisdiction loss; delay not fatal. |
| Imputation of income to Mother for child support appropriate? | Imputation was an abuse of discretion given health/caretaker duties. | Imputation warranted under willful or underemployment standards. | Imputation upheld; support modified accordingly. |
| Deviation from presumptive child-support amount—need for written findings? | No proper justification for deviation; lack of findings. | Deviation appropriate with rationale in final order. | Remanded for mandatory written findings. |
| New evidence (psychologist report, deployment) warrants new trial? | New evidence merits new trial. | Discretionary; evidence insufficient to prejudice. | New trial denied; evidence not compelling. |
Key Cases Cited
- Viskup v. Viskup, 291 Ga. 103 (Ga. 2012) (appellate review of custody decisions; abuse of discretion standard)
- Haskell v. Haskell, 286 Ga. 112 (Ga. 2009) (change in custody requires best interests analysis)
- Smith v. Curtis, 316 Ga. App. 890 (Ga. App. 2012) (voluntary surrender can be material change of condition)
- Lodge v. Lodge, 230 Ga. 652 (Ga. 1973) (voluntary surrender as material change of condition)
- Wilt v. Wilt, 229 Ga. 658 (Ga. 1972) (material change in conditions supporting custody modification)
- Strunk v. Strunk, 294 Ga. 280 (Ga. 2013) (need for written findings in deviations from presumptive support)
- Hopper v. M&B Builders, 261 Ga. App. 702 (Ga. App. 2003) (new trial considerations for newly discovered evidence)
- Brogdon v. Brogdon, 290 Ga. 618 (Ga. 2012) (imputing income for child-support purposes)