Eldridge v. Eldridge
291 Ga. 762
| Ga. | 2012Background
- Wife filed for divorce after more than seven years of marriage; bench trial resulted in final decree with joint legal custody, primary physical custody to Wife, and $1,379 monthly child support.
- Husband’s sea pay and future housing allowance were issues at trial; no documentation regarding future income was submitted.
- Decree assigned Wife responsibility for her student loan and adopted a parenting plan.
- Wife sought discretionary review; Court granted review and found errors in child-support calculations and the parenting plan.
- Court held the trial court erred by lacking required written findings for a deviation, misapplying a conversion factor, and by incomplete weekend visitation timing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Written findings for deviation; incorrect income data | Eldridge argues the decree lacks mandatory written findings and uses improper income data. | Eldridge contends the trial court’s approach was proper given evidence of income and travel costs. | Reversed in part and remanded for proper findings and compliance. |
| Conversion factor for childcare costs | Eldridge contends 4.3 factor used; 4.35 required by USR 24.2A. | Husband agrees factor affected amount but not deviation. | Remanded for application of correct 4.35 factor. |
| Student loan as marital debt or deviation basis | Eldridge argues student loan should be considered as marital debt or basis for non-specific deviation. | Husband argues no deviation waived; loan treatment otherwise discretionary. | Waived; trial court’s handling upheld as to lack of deviation request. |
| Weekend visitation timing in parenting plan | Eldridge argues plan does not specify start/end of weekend visitation. | Husband argues discretion allowed for scheduling. | Partial reversal; remand to specify weekend visitation start and end times. |
Key Cases Cited
- Brogdon v. Brogdon, 290 Ga. 618 (Ga. 2012) (mandatory findings for deviations in child support)
- Holloway v. Holloway, 288 Ga. 147 (Ga. 2010) (deviation requirements in divorce decrees)
- Edwards v. Edwards, 260 Ga. 440 (Ga. 1990) (conversion factor guidance and judgment completeness)
- Simmons v. Simmons, 288 Ga. 670 (Ga. 2011) (uninsured medical expenses and discretion)
- Galvin v. Galvin, 288 Ga. 125 (Ga. 2010) (uninsured health care expense allocation)