296 Ga. 307
Ga.2014Background
- Mother Teresa Wallace and Father Christopher Wallace, active Navy serviceman, married in 2002 and have three minor children.
- December 21, 2012, Mother filed for divorce; parties agreed on joint legal custody and Mother’s primary physical custody; child support issues remained.
- Final hearing: court announced presumptive child support of $1,300/month with a $400/month travel deviation, totaling $900/month for three children; Mother later sought findings of fact and conclusions of law on the deviation.
- Final decree, issued about two months later, stated the $1,300 presumptive amount and a $400 travel deviation, but did not include requisite written findings.
- Mother did not provide a transcript before the final decree; she challenged the lack of findings under OCGA § 19‑6‑15(c)(2)(E).
- Court decision: affirmed in part, reversed in part, and remanded for proper findings on the deviation and for other corrected determinations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by not entering written findings for the deviation. | Wallace insists findings are required under OCGA § 19‑6‑15(c)(2)(E) and were not provided. | Wallace contends the deviation could be approved even without findings due to the parties’ agreement and lack of transcript. | The deviation findings were required; reverse and remand for proper findings. |
| Whether the gross income calculation properly included Father’s BAH. | Wallace argues the full BAH ($3,555) should be included as gross income, not just the portion related to non-variable housing costs. | Wallace’s position is improper; only the non-area-variable portion should be included per OCGA § 19‑6‑15(f)(1)(E)(iv). | Proper to include only the portion not attributable to area-variable housing costs; issue moot on travel findings but affirmed in part and remanded. |
Key Cases Cited
- Holloway v. Holloway, 288 Ga. 132 (Ga. 2010) (mandatory findings cannot be overridden by parties' agreement)
- Spurlock v. Dept. of Human Resources, 286 Ga. 512 (Ga. 2010) (transcripts not required for findings; statutory mandate remains)
- McCarthy v. Ashment-McCarthy, 295 Ga. 231 (Ga. 2014) (waiver rules regarding findings; departure from presumptive amount requires proper findings)
- Brogdon v. Brogdon, 290 Ga. 618 (Ga. 2012) (emphasizes compliance with statutory findings for deviations)