Collins v. Davis
318 Ga. App. 265
| Ga. Ct. App. | 2012Background
- In 2007, Collins petitioned to legitimate his daughter; the Walton County Superior Court issued custody/visitation orders and required child support.
- Around 2011, Davis filed for modification of custody, visitation, and child support, plus contempt and attorney fees; Collins counterclaimed for downward child support modification.
- On December 30, 2011, the trial court issued a final order redefining visitation and reducing Collins’ monthly child support from $920 to $713.25.
- Collins sought discretionary review, challenging the child support portion; he did not appeal the visitation order.
- The Court granted discretionary review to determine proper method of appeal (direct appeal vs discretionary review).
- The appellate court ultimately held Collins was entitled to a direct appeal, affirmed the trial court, and rejected his enumerations of error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Collins may directly appeal the child support portion in an order also modifying custody. | Collins argues direct appeal is proper because the order arises from a child custody case. | Davis contends the appropriate path is discretionary review under OCGA § 5-6-35(a)(2). | Direct appeal permitted; underlying subject matter controls; order directly appealable. |
| Whether the trial court abused its discretion in the amount of child support modification. | Collins claims the reduction was too small and factual findings were erroneous. | Davis argues the trial court’s findings were supported and discretion should be affirmed. | No abuse of discretion; evidence supported modest reduction and credibility determinations; decision affirmed. |
Key Cases Cited
- Todd v. Todd, 287 Ga. 250, 250 (2010) ((direct appeal considerations in child custody contexts))
- Cohen v. Cohen, 300 Ga. App. 7, 8 (2009) ((direct appeal authorization in certain divorce/ancillary custody contexts))
- Taylor v. Curl, 298 Ga.App. 45, 45 (2009) ((direct appeal authorization in custody-related issues))
- Edge v. Edge, 290 Ga. 551, 552-553 (2012) ((visitation change action considered a child custody proceeding))
- Moore v. Moore-McKinney, 297 Ga. App. 703, 705 (2009) ((direct appeal treatment for custody-related issues))
- Jackson v. Irvin, 316 Ga. App. 560, 730 SE2d 48 (2012) ((direct appeal considerations in custody context))