309 Ga. App. 491
Ga. Ct. App.2011Background
- Francis-Rolle appeals the superior court's final order modifying custody, ordering Harvey to have custody of the child and Francis-Rolle to pay child support, and awarding Harvey $15,250 in attorney fees.
- The child was 17 when custody was changed and turned 18 shortly after the docketing of the appeal, rendering the custody issue moot.
- OCGA § 39-1-1(a) (age of majority is 18) and OCGA § 19-7-1(a) (child over 18 is not in custody of either parent) apply to moot the custody challenge.
- OCGA § 19-6-15(e) allows potential extension of support beyond 18 under certain conditions, up to a maximum of 20, to complete secondary education.
- The court extended Francis-Rolle's child-support obligation beyond 18, but failed to limit it to age 20, prompting a reversal to the extent of the age limitation.
- Attorney-fee award against Francis-Rolle was vacated and remanded for proper notice and findings; no statutory basis or evidentiary basis had been shown in the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether custody modification is moot. | Francis-Rolle argues the custody award was improper. | Harvey contends the court properly modified custody. | Moot as child reached majority; custody issue dismissed. |
| Whether child support may extend beyond age 18 and, if so, to what age. | Francis-Rolle owes support under discretionary extension for minority through secondary education. | Harvey seeks ongoing support until completion of secondary education, potentially up to age 20. | Affirmed to extent of discretionary extension; reversed to remove obligation beyond age 20. |
| Whether attorney-fee award was proper. | Francis-Rolle challenges lack of statutory basis and notice for fees. | Harvey asserts entitlement to fees without proper procedural safeguards. | Vacated and remanded for proper notice and findings; no valid basis in record. |
Key Cases Cited
- Ferguson v. Ferguson, 267 Ga. 886 (Ga. 1997) (discretion to extend support beyond 18; up to 20 years of age)
- Draughn v. Draughn, 288 Ga. 734 (Ga. 2011) (purpose of extending support for education of over-18 child)
- Waits v. Waits, 280 Ga. App. 734 (Ga. App. 2006) (modification action tied to divorce decree; fees context)
- Cason v. Cason, 281 Ga. 296 (Ga. 2006) (attorney fees require statutory or contractual basis; needs evidentiary support)
- Williams v. Cooper, 280 Ga. 145 (Ga. 2006) (due-process notice for fee awards; need findings)
- Nuckols v. Nuckols, 226 Ga. App. 194 (Ga. App. 1997) (attorney-fee award under 9-15-14 requires proper basis and record)