Willis v. Willis
288 Ga. 577
Ga.2011Background
- Carl J. Willis II and Kimberly Spence Willis married September 9, 2006 and separated April 2008.
- Husband filed for divorce in March 2009; judgment and decree entered January 6, 2010; decree incorporated a marital-home agreement and no spousal support.
- Trial court awarded shared joint legal and physical custody of their sole child with alternate weekly physical custody; designated Husband as non-custodial for child-support calculations.
- Trial court set Husband's income at $4,166 and Wife's at $2,333; Wife paid $208 health insurance for the child; Husband to pay $961 monthly child support and share uninsured health expenses evenly.
- Decree required parental consultation on major decisions and use of a co-parenting counselor if impasses occurred; Wife authorized to make non-emergency health and religious decisions; Husband to make education and extracurricular decisions.
- Decree included drug-testing for Husband (hair follicle tests) and awarded $7,000 attorney fees to Wife.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the child-support deviation for parenting time was warranted | Willis argues the trial court erred by not deviating from presumptive support. | Willis contends deviation is required due to joint custody. | No deviation; court found no basis to justify deviation. |
| Whether the drug-testing condition was supported by evidence | Willis contends testing lacks evidentiary support of current usage. | Willis notes incidental evidence of past drug use; trial court had discretion to require testing. | Court did not abuse discretion; testing permitted. |
| Whether joint physical custody was supported and in the child's best interests | Wife challenges joint custody as unsupported and not in child's best interests. | Trial court found both parents suitable with good relationships and housing; recommended joint custody. | Joint physical custody affirmed; supported by evidence and best-interests finding. |
| Whether final decision-making authority appropriately allocated to Husband | Wife argues allocation to Husband was improper given his purported lack of prior decisions. | Trial court weighed duties to confer and required consultation; authority assigned after consideration. | Discretion affirmed; authority to Husband upheld with appropriate safeguards. |
Key Cases Cited
- Turner v. Turner, 285 Ga. 866 (2009) (requires statutorily grounded findings for parenting-time deviations)
- Baldwin v. Baldwin, 265 Ga. 465 (1995) (due consideration to feasibility of joint custody in decision-making)
- Patterson v. State, 233 Ga. 724 (1975) (record accuracy resolved by trial court when challenged)
- Wright v. Wright, 277 Ga. 133 (2003) (pilot project granting discretionary appeals in divorce judgments)
