Ellis v. Ellis, 290 Ga. 616

Wife appeals a Final Order in her divorce against Husband, challenging child support calculation and excluding cheerleading expenses from the presumptive amount.
Trial court determined Husband’s income by evaluating conflicting evidence and concluded net monthly business profit of $4,474, not salary or gross receipts.
Husband is self-employed in the HVAC business; evidence included 2008 tax return, six months of bank statements, a P&L, and financial affidavits from both sides.
Wife sought a higher or different figure (notably $20,446.25) based on bank deposits; Husband proposed $3,000 salary; court found neither figure accurate and relied on net profit.
Wife argued cheerleading is a special expense; amounts claimed ranged from $237 to $385 per month; court found it not a necessity and did not deviate from guidelines.
Appellate review affirmed the trial court, noting credibility determinations and discretion in resolving conflicting evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Self-employment income calculation	Wife contends the court erred in treating gross receipts as income.	Husband argues the court properly used net business profit as income after expenses.	No clear error; net profit $4,474 adopted.
Deviation for cheerleading expenses	Wife seeks deviation for cheerleading as a special expense.	Husband argues cheerleading is not a necessity and no deviation is warranted.	Court did not deviate; cheerleading excluded from calculation.
Appellate deference to trial court credibility	Wife asserts trial court erred in credibility determinations.	Husband defenses the trial court’s credibility findings as appropriate exercises of discretion.	No reversal; credibility determinations up to the trial court.

Langley v. Langley, 279 Ga. 374 (Ga. 2005) (defer to trial court on credibility; conflicting evidence resolved there)
Miller v. Miller, 288 Ga. 274 (Ga. 2010) (appellate review of factual findings; credibility weight)
Turner v. Turner, 285 Ga. 866 (Ga. 2009) (trial court may deviate from presumptive support amount)
Johnson v. Johnson, 284 Ga. 366 (Ga. 2008) (private school tuition not required in child support calculations)