Kennedy v. Kennedy
309 Ga. App. 590
| Ga. Ct. App. | 2011Background
- Kennedy appeals an order establishing custody, visitation, child support, and attorney fees.
- Mother was awarded custody of their three-year-old child; Kennedy was ordered to pay child support.
- Trial record is limited; Kennedy did not provide a transcript or statutorily authorized substitute.
- The Alabama divorce decree deferred custody/support; Meriwether County action determined custody and support.
- The appellate court vacates only the attorney fees portion and remands for proper findings; other challenges to child support are affirmed.
- The court concludes there is no reversible error on most child support issues given the record and statutory framework.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly deviated from presumptive child support due to mother's zero income. | Kennedy argues deviation required explicit findings. | Mother contends no deviation found; lack of transcript limits challenge. | No reversible error; no proven deviation Findings required only when deviation applied. |
| Whether the trial court properly accounted for work-related child care costs. | Kennedy asserts no findings or proof of costs. | Costs were considered via Schedule D; no deviation triggered. | No error; record shows adjustment for child care costs; no required findings. |
| Whether health insurance costs for the child were properly included in Schedule D. | Kennedy claims health insurance costs should be on Schedule D; lack of figures. | Record insufficient to show premium costs or inclusion. | No basis to disturb; downward deviation for health care supported by record. |
| Whether the attorney fees award was properly supported with statutory basis and findings. | Mother did not provide statutory basis or findings; request for fees unclear. | Record insufficient to justify award; absence of findings. | Vacated and remanded for explicit statutory basis and required findings. |
Key Cases Cited
- Williams v. Marchant, 304 Ga.App. 631, 697 S.E.2d 288 (2010) (Ga. App. 2010) (guidelines are guidelines when determining final child support)
- Sebby v. Costo, 290 Ga.App. 61, 658 S.E.2d 830 (2008) (Ga. App. 2008) (record omissions affect appellate review of support decisions)
- Stowell v. Huguenard, 288 Ga. 628, 706 S.E.2d 419 (2011) (Ga. 2011) (child support worksheets and schedules must be attached to final order)
- Holloway v. Holloway, 288 Ga. 147, 702 S.E.2d 132 (2010) (Ga. 2010) (attorney fees awards require explicit statutory basis and findings on remand)
- Spurlock v. Dept. of Human Resources, 286 Ga. 512, 690 S.E.2d 378 (2010) (Ga. 2010) (OCGA 19-6-15(d) emphasizes trial court discretion in applying guidelines)
- Padilla v. Padilla, 282 Ga. 273, 646 S.E.2d 672 (2007) (Ga. 2007) (attorney fees awards require explicit statutory basis; lack warrants remand)