Holloway v. Holloway
288 Ga. 147
| Ga. | 2010Background
- Husband and Wife separated and signed a separation agreement on December 9, 2009; custody of Railey (younger) to Husband and Kate (older) to Wife.
- Using OCGA § 19-6-15 guidelines, standard support would be $550 from Husband and $1,568 to Husband by Wife; agreement set Wife to pay Husband $1,000 monthly and provided Husband would not pay for Kate due to income disparity.
- Husband agreed to maintain health insurance for both children; this insurance payment was not credited against child support obligations on worksheets.
- Wife, educated pharmacist, consulted an attorney before signing and understood the agreement, which the trial court later incorporated into the January 11, 2010 final divorce decree.
- Wife moved for new trial or to set aside the decree on February 1, 2010, arguing the decree deviated from child support guidelines without required findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether deviation from child support guidelines required findings was properly addressed | Wife argues deviation lacked findings and thus invalid. | Husband contends deviation based on agreement should be upheld notwithstanding lack of findings. | Deviation requires findings; court reversal and remand for proper findings. |
| Whether the attorney-fee award was properly supported | Wife challenges the award for lack of factual and statutory support. | Husband asserts statutory basis supports the award. | Attorney-fee award reversed and remanded for proper findings. |
Key Cases Cited
- Kuriatnyk v. Kuriatnyk, 286 Ga. 589, 591(2), 690 S.E.2d 397 (2010) (Georgia 2010) (discusses applicability of new-trial procedure to challenges to child support deviations)
- Turner v. Turner, 285 Ga. 866, 867(1), 684 S.E.2d 596 (2009) (Georgia 2009) (mandates findings supporting deviation from presumptive child support amount)
- Leggette v. Leggette, 284 Ga. 432, 433(2), 668 S.E.2d 251 (2008) (Georgia 2008) (remedies when award of attorney fees lacks factual basis and findings)
- Hughes v. Great Southern Midway, Inc., 265 Ga. 94, 454 S.E.2d 130 (1995) (Georgia 1995) (limits on attorney-fee awards without proper findings)