298 Ga. 361
Ga.2016Background
- Husband and wife divorced in 2006 with joint custody and wife having primary physical custody.
- Divorce decree required husband to pay $1,150 monthly child support and allowed liberal visitation for husband with a detailed schedule if agreement failed.
- In 2011, husband sought modification of custody and support; wife counterclaimed for arrears for support, medical expenses, and health insurance.
- Trial court denied custody modification, reduced child support to $740, and ordered husband to pay arrears and related costs.
- Court acknowledged prior parenting plan; no permanent parenting plan had ever been entered as required by OCGA § 19-9-1(a)-(b).
- Case remanded to comply with OCGA § 19-9-1 after finding no permanent parenting plan in the modification order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court abused discretion re custody modification | McFarlane argues modification was warranted and should reflect best interests. | McFarlane contends evidence supports maintaining status quo. | No abuse; evidence supports keeping custody as is. |
| Whether a permanent parenting plan was required in the modification order | Moore-McKinney requires incorporation of a permanent parenting plan. | Denial of modification left prior plan intact; no new plan needed. | Remand to enter permanent parenting plan as required. |
| Whether past-due medical expenses were barred by laches | Laches barred recovery due to delay. | Delay harmed neither party; laches not proven. | Laches not applicable; no prejudice shown. |
| Whether the trial court erred in adopting wife’s child support worksheet | Worksheet inconsistent with evidence; merits challenge. | No specific inconsistencies shown or harm demonstrated. | Claim fails for lack of specificity and showing injury. |
Key Cases Cited
- Haskell v. Haskell, 286 Ga. 112 (Ga. 2009) (custody modification standard; abuse of discretion requires evidence support)
- Moore v. Moore-McKinney, 297 Ga. App. 703 (Ga. App. 2009) (remand when final order lacks permanent parenting plan)
- Jewell v. McGinnis, 333 Ga. App. 108 (Ga. App. 2015) (permanent parenting plan requirements; 2015 ruling cited)
- Williams v. Williams, 295 Ga. 113 (Ga. 2014) (parenting plan context in visitation orders)