Walls v. Walls
291 Ga. 757
| Ga. | 2012Background
- Marriage in 1997; two children.
- Husband filed for divorce May 14, 2009, seeking joint legal and physical custody; Wife sought primary custody and child support.
- Bench trial culminating March 4, 2011: divorce granted on irretrievably broken marriage and Wife's uncondoned adultery; Husband granted primary custody.
- Divorce decree awarded Husband primary physical custody, Wife liberal visitation, and joint legal custody; incorporated child support worksheet with Schedule E deviations.
- Court found an $83.20 deviation from presumptive support for extraordinary medical expenses but Schedule E lacked required written findings; case remanded for redetermination of child support.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the child support deviation had proper findings. | Wife argues deviation lacks required findings. | Husband concedes the lack of findings. | Deviation reversed; remanded for findings. |
| Whether trial court properly awarded primary custody to Husband. | Wife contests custodial arrangement. | Court has discretion to decide best interests. | Court did not err; trial court’s custody decision affirmed. |
| Whether admission of Debra Hale as expert was error. | Hale biased; improper expert. | Bias affects credibility, not admissibility; trial court has discretion. | No abuse of discretion; admission permissible. |
| Whether the court erred by not addressing parenting time deviation. | Court failed to consider parenting time deviation. | Order need not explain non-application of deviation. | Not reversible; no requirement to discuss non-application. |
| Whether the divorce grounds were properly established despite possible condonation. | Evidence showed adulterous conduct condoned. | Irretrievably broken ground supports divorce regardless of condonation. | |
| Error not reversible; merits not resolved. |
Key Cases Cited
- Holloway v. Holloway, 288 Ga. 147, 702 S.E.2d 132 (2010) (Ga. 2010) (mandatory findings for deviations; protect child interests)
- Brogdon v. Brogdon, 290 Ga. 618, 723 S.E.2d 421 (2012) (Ga. 2012) (reversal when required findings are omitted)
- Meacham v. Franklin-Heard County Water Auth., 302 Ga. App. 69, 690 S.E.2d 186 (2009) (Ga. App. 2009) (witness credibility considerations in bench trials)
- Rumley-Miawama v. Miawama, 284 Ga. 811, 671 S.E.2d 827 (2009) (Ga. 2009) (no need to explain deviation if not applied; record must show)
- Todd v. Todd, 287 Ga. 250, 703 S.E.2d 597 (2010) (Ga. 2010) (custody discretion tied to best interests of child)