Taylor v. Taylor
293 Ga. 615
| Ga. | 2013Background
- Divorce in June 2010; original decree provided joint legal custody, James had primary physical custody, Julie paid child support.
- James filed a petition to modify about 84 days after the decree, seeking sole legal custody and higher child support; Julie opposed.
- Trial court granted modification, awarding James sole legal custody, increasing child support, and awarding attorney fees to James.
- Julie admitted moving her boyfriend into her home and concealing this from James, vacationing with the boyfriend while the children were in her care, and making derogatory remarks about James in the children’s presence; evidence also showed Julie’s alcohol use in the children’s presence.
- Court found nanny expenses reasonable and proper to include in James’s child support deviation; temporary order addressed pending appeal; on attorney fees, court refused to allocate between OCGA sections 9-15-14 and 19-9-3(g).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Custody modification standard and abuse of discretion | Taylor sought to keep joint custody; argues no harm from joint custody. | Taylor’s conduct and new circumstances justify sole custody to James. | No clear abuse; trial court’s sole custody to James affirmed. |
| Deviation for child support including nanny costs | Costs of nanny not proven or necessary given James’s work from home. | Nanny costs were reasonable, work-related, and proper to include in deviation. | Court did not abuse discretion; nanny expenses properly counted. |
| Temporary vs permanent modification order and due process | Temporary order violated due process by denying supersedeas. | Temporary orders are distinct; designed to protect children pending final modification. | No merit; temporary order proper under different purpose. |
| Attorney fees allocation between OCGA §§ 9-15-14 and 19-9-3(g) | Fees should be allocated between statutory bases. | Findings support full award under both statutes. | Fees affirmed without need for allocation. |
Key Cases Cited
- Autrey v. Autrey, 288 Ga. 283 (Ga. 2010) (broad discretion in child custody matters; abuse of discretion standard)
- Vines v. Vines, 292 Ga. 550 (Ga. 2013) (change in custody/visitation reviewed for abuse of discretion)
- Vereen v. Vereen, 284 Ga. 755 (Ga. 2008) (proof of actual costs; any evidence supports findings)
- Gresham-Green v. Mainones, 290 Ga. 721 (Ga. 2012) (abuse of discretion in deviating from presumptive child support)
- Century Center at Braselton v. Town of Braselton, 285 Ga. 380 (Ga. 2009) (entirety of attorney fee properly awarded under both statutes)