Odom v. Odom, 291 Ga. 811

Final divorce decree (2007) awarded wife primary custody and ordered husband to pay $2,065 monthly child support and private school tuition for 2008-2009.
Decree stated husband was not responsible for other private school expenses beyond the settlement.
In 2008, husband sought visitation modification and contempt; wife sought modification of child support.
Trial court increased husband’s child support to cover private school expenses, deviating from presumptive amount due to children’s educational needs.
Court found substantial change in husband’s income and near tripling of net worth; maintained support deviation for private school.
Husband appeals challenging res judicata, sufficiency of change in circumstances, and evidentiary rulings regarding a psychologist.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether res judicata bars modification	Odom contends modification barred by res judicata.	Odom argues modification allowed; change in circumstances supports adjustment.	Res judicata does not bar modification; modification permitted.
Whether there was a substantial change in circumstances to modify support	Wife shows income rise and increased net worth to justify modification.	Husband contends insufficient change to warrant modification.	Evidence supported substantial change in income/net worth warranting modification.
Whether deviation for private school amenities was permissible	Change in circumstances justifies deviation from presumptive amount for educational needs.	No justification to deviate from presumptive	Trial court properly deviated for extraordinary educational expenses.
Whether exclusion of psychologist testimony was proper	Counseling communications may be admissible; privileged testimony should be allowed.	Privileged communications should be excluded; psychologist testimony not admissible.	Trial court properly excluded testimony under physician-patient privilege.

Waldroup v. Greene County Hosp. Auth., 265 Ga. 864 (1995) (res judicata limits and scope in related actions)
Yarbrough v. Yarbrough, 244 Ga. 313 (1979) (modification not identical to original divorce action)
McGuire v. McGuire, 228 Ga. 782 (1972) (statutory right to modify decrees to remedy change in circumstances)
Jarrett v. Jarrett, 259 Ga. 560 (1989) (permanent child support judgment enforceable until modified)
Van Dyck v. Van Dyck, 263 Ga. 161 (1993) (change from per capita to group award authorized on modification)
Nash v. Nash, 244 Ga. 749 (1979) (modification authority; later overruled on other grounds)
Rolader v. Pendleton, 231 Ga. 16 (1973) (ten percent income change enough to modify support)
Franz v. Franz, 268 Ga. 465 (1997) (trial court as finder of fact for income)
Gottschalk v. Gottschalk, 311 Ga. App. 304 (2011) (psychologist communications privileged under OCGA §§ 24-9-21; 43-39-16)
State v. Herendeen, 279 Ga. 323 (2005) (crucial issue is treatment context for privilege)