Jackson v. Sanders
333 Ga. App. 544
| Ga. Ct. App. | 2015Background
- Parents divorced in 2001; original judgment set joint custody conditions and ordered Jackson to pay $1,005/month child support. 2007 custody agreement limited physical custody to alternate weekends, weekday afternoons, one weekly overnight, summer alternating weeks, and retained same support amount.
- Jackson (50% partner in a marketing company) moved less information and filed to modify custody in 2012 seeking more parenting time; Sanders counterclaimed for past-due child support and sought increased support.
- At bench trial (testimony from parents, GAL, child psychologist), trial court found Jackson failed to produce reliable income evidence, imputed $380,000 annual income under OCGA § 19-6-15(f)(4)(B), raised monthly support to $3,994, awarded Sanders $27,135 past-due support, granted Sanders primary physical custody with a revised parenting plan that reduced Jackson’s time, awarded Sanders attorney fees, and ordered a $60,000 supersedeas bond.
- On appeal Jackson challenged imputation of income, past-due support award, upward deviation and failure to make statutory written findings, sua sponte reduction of parenting time, fee award, and supersedeas bond.
- The Court of Appeals reversed the past-due support award, reversed the sua sponte custody/parenting-time modification, vacated the child-support amount and attorney-fee award, reversed the supersedeas-bond order, and remanded for recalculation and required statutory findings and fee proof.
Issues
| Issue | Jackson's Argument | Sanders' Argument | Held |
|---|---|---|---|
| Imputation of income under OCGA § 19-6-15(f)(4)(B) | Trial court erred; K-1s and DRFA were reliable evidence and statute inapplicable | Jackson failed to produce reliable evidence of total gross income; court permissibly applied statute | Court: trial court permissibly found Jackson failed to produce reliable evidence, but misapplied the statute’s formula; remand to reconsider application and, if used, recalculate using statutory increment |
| Past-due child support for payments directed to private school (July 2012 onward) | Jackson paid school with Sanders’ express consent; these payments substituted for support; no arrears owed | Courts traditionally require court order to modify support; oblige enforcement of decree | Court: reversed trial court; equitable exception applies where mother consented and accepted tuition payments in lieu of support, so no past-due support owed |
| Upward/high-income deviation and required written findings | Deviation impermissible or unsupported without statutory findings; miscalculation of income undermines deviation | Deviation authorized for combined incomes >$30,000/mo and was applied to equalize child’s standard of living | Court: deviation may be permissible, but trial court failed to include all mandatory written findings (presumptive amount; explanation why guidelines unjust/inappropriate); remand for required findings and, if still deviating, explanation |
| Sua sponte reduction of Jackson’s parenting time / custody change | Court lacked authority: no material change in circumstances shown; Jackson sought more time, not less | Trial court acted in child’s best interest; GAL had recommendations | Court: reversed — trial court expressly found no material change and made no welfare finding; modifying custody and reducing parenting time sua sponte was unauthorized |
| Attorney fees awarded to Sanders | Fee award unsupported by evidence presented; should be vacated or recalculated | Sanders prevailed on some issues; court has discretion to award fees under statutes | Court: vacated fee award and remanded for reconsideration; if fees awarded, court must articulate evidentiary basis and reasonableness |
| Supersedeas bond ordered ($60,000) | Bond improper because monetary judgment (past-due support) was wrongly awarded | Bond requested under OCGA § 5-6-46 to secure judgment | Court: reversed bond order because underlying past-due support award was reversed |
Key Cases Cited
- Autrey v. Autrey, 288 Ga. 283 (2010) (discusses imputing income when parent fails to produce reliable evidence)
- Brogdon v. Brogdon, 290 Ga. 618 (2012) (approves imputing higher income based on business ownership and spending when evidence suggests misrepresentation)
- Fladger v. Fladger, 296 Ga. 145 (2014) (requires mandatory written findings when deviating from presumptive child-support amount)
- Daniel v. Daniel, 239 Ga. 466 (1977) (equitable exceptions may allow credit for voluntary expenditures accepted by the other parent)
- Nagle v. Epstein, 241 Ga. 612 (1978) (recognizes credit/consent exceptions where wife accepted tuition payments in lieu of support)