Marlowe v. Marlowe

The evidence supported the trial court's findings regarding husband's diminished earning capacity on his petition for a downward modification of his child support obligation.

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The parties to this case were divorced in 2007, and a child support order was entered as part of the final judgment pursuant to which appellee Joseph Andrew Marlowe Husband was to pay appellant Ronni Green Marlowe Wife $992.00 per month for support of their three children. In 2013, Husband filed a petition to modify the original child support award downward on the ground that his income had diminished. Wife counterclaimed, seeking an upward modification on the ground that she now had work-related child care expenses that were not considered in the original child support award since at the time of the original award the children were not attending daycare. The trial court modified Husband’s child support obligation downward to $771.00 per month. This Court granted Wife’s application for discretionary appeal for the purpose of determining whether the trial court abused its discretion in determining the amount of child support due in light of OCGA § 19-6-15. For the reasons set forth below, we affirm in part and vacate in part.

1. Wife first asserts the trial court applied the wrong figure from the Georgia Schedule of Basic Child Support Obligations, set forth at OCGA § 19-6-15 o, for the support of the three children. We agree. The Child Support Addendum attached to the trial court’s order recites that support is to be provided for three children. Applying the schedule for the combined gross income of these parents for three children, the basic child support obligation from the table in OCGA § 19-6-15 o is $1,316.00. The worksheet on which the trial court’s award is based shows a figure of $1,135.00, which is the figure from the table for two children. This portion of the order is vacated and, on remand, the trial court is instructed to revise its child support award accordingly by considering the proper basic child support for three children and any other relevant factors that may impact its final child support determination.

Marlowe v. Marlowe

The evidence supported the trial court's findings regarding husband's diminished earning capacity on his petition for a downward modification of his child support obligation.

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