Williamson v. Williamson
293 Ga. 721
Ga.2013Background
- Parents divorced in 2009 with joint custody; mother originally had 61% parenting time and father 39%; father paid $1,450/month child support.
- Father filed a modification petition in 2011; after bench trial the court in 2012 awarded Father 60% parenting time and Mother 40%.
- Trial court calculated presumptive support based on incomes (Father ~$7,570.63/mo; Mother ~$1,300/mo): presumptive amounts were Father $1,359 and Mother $233.
- The court found a deviation warranted to allow Mother resources during her parenting time, labeled a $272 "parenting time" deviation, and ordered Father to pay Mother $1,087/month ($1,359 - $272).
- Father appealed, arguing (1) the court made him the custodial parent and thus could not order him to pay support to the noncustodial parent, and (2) the court misapplied the child support guidelines in granting a parenting-time deviation to the custodial parent.
Issues
| Issue | Plaintiff's Argument (Williamson — Father) | Defendant's Argument (Williamson — Mother) | Held |
|---|---|---|---|
| Whether a parent who has >50% parenting time is the statutory “custodial parent” | Father: He is the custodial parent because he has 60% time; court need not designate label | Mother: Joint custody means she is not necessarily the custodial parent and court’s failure to label means she should be | Held: Statute defines custodial parent as parent with >50% time; Father is custodial by operation of law (no separate label required) |
| Whether a custodial parent may be ordered to pay child support to a noncustodial parent | Father: A custodial parent cannot be required to pay support to the noncustodial parent | Mother: The court did not make that mistake; Father is not necessarily custodial for this purpose | Held: A custodial parent may be ordered to pay support when in children’s best interests; James remains good law and statutes allow deviations for best interests |
| Whether the trial court correctly applied the child support guidelines and the parenting‑time deviation | Father: The court misapplied guidelines by applying a parenting‑time deviation to the custodial parent’s presumptive amount | Mother: The deviation was appropriate to ensure Mother can meet expenses during her parenting time | Held: Trial court erred — it applied a parenting‑time deviation available only to the noncustodial parent to the custodial parent’s presumptive amount; child support calculation reversed and remanded for proper application of the guidelines |
Key Cases Cited
- James v. James, 246 Ga. 233 (court can, in discretion, order custodial parent to pay support to noncustodial parent when best interests require)
- Rowden v. Rowden, 290 Ga. 65 (statutory scheme does not restrict support payments to noncustodial payors only; best interest remains touchstone)
- Edge v. Edge, 290 Ga. 551 (procedural note on appeal jurisdiction in divorce and custody matters)