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Wheeler v. Akins

The mother's child support obligation was improperly modified retroactively, since the arrearage amount determination included a time period prior to the order for her to begin child support payments.

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Jennifer Wheeler and William Akins are the parents of M. A., a minor child. In 2012, the trial court granted Akins’s petition for a change of custody under OCGA § 19-9-3, terminated his obligation to pay child support, ordered Wheeler to pay child support, and set visitation. Akins later filed a motion for judgment notwithstanding the verdict “j.n.o.v.”, arguing that the child support award was not supported by the evidence. The trial court granted Akins’s motion and issued a new order for support and visitation, leading to these appeals.

In Case No. A14A0075, Wheeler appeals from the trial court’s order granting Akins’s motion to set aside a previous order of support and visitation, increasing her child support obligation, decreasing her visitation, and ordering her to pay back child support. Wheeler contends that the trial court erred in setting aside its earlier order and improperly ordered her to pay back child support. In his cross-appeal, in Case No. A14A0076, Akins attacks the same order and contends that the trial court abused its discretion in adjusting Wheeler’s child support obligation based on her duty to support another child.

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