MOORE v. McKINNEY
335 Ga. App. 855
Ga. Ct. App.2016Background
- Moore and McKinney divorced in 2002; McKinney received primary physical custody and Moore paid child support until each child finished secondary school or age 20.
- In Jan 2014 the children left McKinney after alleged physical abuse, obtained temporary protective orders, and moved in with Moore; both children signed affidavits electing to live with Moore.
- A Feb 18, 2014 temporary consent order gave Moore primary custody of D.M., required McKinney to provide health insurance and share uninsured medical and therapy expenses, and stated Moore’s child support obligations terminated retroactively to Jan 31, 2014.
- Moore incurred uninsured health care expenses for the children, sought reimbursement from McKinney, and filed contempt when she refused to pay.
- The trial court (after a two‑day hearing) awarded custody of D.M. to Moore, held McKinney in contempt, ordered McKinney to provide insurance and pay monthly child support plus back support and attorney fees; Moore appealed pro se.
Issues
| Issue | Plaintiff's Argument (Moore) | Defendant's Argument (McKinney) | Held |
|---|---|---|---|
| Whether trial court could order reimbursement or retroactive termination of Moore’s child support to Jan 31, 2014 | Moore argued he should be reimbursed / relieved of support from Jan 2014 because children lived with him then | Consent order made termination retroactive to Jan 31, 2014 | Court held trial court erred: child support judgments cannot be retroactively modified; temporary order could only operate prospectively, so retroactive termination/reimbursement was impermissible |
| Whether trial court correctly computed back child support owed by McKinney | Moore challenged calculation based on retroactive date | Trial court used Jan 31 date to compute months | Court held calculation was necessarily erroneous because retroactive modification was improper |
| Whether uninsured medical expenses for D.M. were properly addressed in final order | Moore argued McKinney should share uninsured medical expenses per consent order/statute | McKinney failed/refused to reimburse; trial court did not include clear apportionment in final order | Court held trial court erred by failing to include provisions allocating uninsured health care expenses as required by statute (both parents share pro rata unless ordered otherwise) |
| Whether other post‑judgment issues should be resolved on appeal | Moore raised additional enumerations and a motion for reconsideration | Trial court unable to rule after appeal; McKinney did not file responsive brief (facts largely admitted) | Court vacated child support aspects and remanded for further proceedings; declined to resolve other issues now, allowing them to be considered on remand |
Key Cases Cited
- Jarrett v. Jarrett, 259 Ga. 560 (judgment of child support cannot be modified retroactively)
- Rose v. Thorpe, 240 Ga. App. 834 (temporary modification of child support operates prospectively)
- Gowins v. Gary, 288 Ga. App. 409 (vacating award on one ground and declining to address other enumerations)
- PDK Labs., Inc. v. U.S. D.E.A., 362 F.3d 786 (judicial restraint: do not decide more than necessary)
- Fortson v. Hotard, 299 Ga. App. 800 (trial court precluded from ruling on motion after notice of appeal)