Sandra M. Singh “Wife” and Zachary Hammond “Husband” were divorced in 2005. The parties have two minor children together, and, pursuant to the final divorce decree, the parties were awarded joint legal custody of the children, with Husband being awarded primary physical custody. On December 10, 2009, Wife filed an action seeking child support and a modification of custody. The parties eventually agreed to allow Wife to have primary physical custody of the children, and, on November 2, 2011, the Gwinnett County Superior Court ruled that Wife should be awarded child support. However, as part of its order, the trial court also ruled that, “as long as Wife receives child support payments from Husband, she shall not apply for any financial assistance for the children from the government.” The court then formally resolved any outstanding issues in the case relating to parenting time and child custody through a December 8, 2011 Final Partial Consent Order. Wife then filed an application to appeal in this Court, which this Court granted with the following question: Did the trial court err in ruling that as long as Wife receives child support payments from Husband, she shall not apply for any financial assistance for the children from the government For the reasons that follow, we affirm the trial court’s ruling with respect to its calculation of Husband’s gross monthly income, but reverse the trial court’s ruling with respect to its calculation of Wife’s gross monthly income and its prohibition against Wife’s application for financial assistance as long as she received child support.
1. Our analysis of the trial court’s prohibition against Wife seeking financial assistance from the government for her children begins with OCGA § 19-6-15. Pursuant to the statute, the proper level of child support is calculated based on the best interests of the children and the parties’ present gross incomes at the time that the award is set. See OCGA § 19-6-15 b, i, and k. If there is a substantial change in either party’s financial circumstances or the needs of the children at some point in the future, the proper procedure for changing the level of child support under OCGA § 19-6-15 is for one of the parties to formally petition the trial court for an upward or downward modification of the initial child support award. OCGA § 19-6-15 k.
