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Booker v. Georgia Dep't of Human Resources

The Court of Appeals lacked jurisdiction over the mother's direct appeal in a domestic relations case in which the trial court emancipated her son and terminated the father's child support obligations.

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Pursuant to a request filed by the Georgia Department of Human Resources, the trial court held that Serbrena Booker’s son was emancipated because he had reached the age of majority and was not enrolled in and attending a secondary school; thus, the court held, under OCGA § 19-6-15 e the son’s father no longer was obligated to pay child support. Because Booker has failed to comply with the discretionary appeal procedures of OCGA § 5-6-35, but instead has filed a direct appeal from this ruling, we must dismiss the appeal.

“OCGA § 5-6-35 a 2 provides, without exception, that appeals in ‘domestic relations cases’ must be brought by application for discretionary appeal.” Walker v. Estate of May, 279 Ga. 652, 653 1 619 SE2d 679 2005. This is a domestic relations case subject to review only by application because its underlying subject matter is a father’s obligation to provide child support for his son. See Camp v. Camp, 247 Ga. 533 277 SE2d 55 1981; Davis v. Welch, 205 Ga. App. 462, 463 422 SE2d 323 1992. This case falls within OCGA § 5-6-35 a 2 even though it was initiated by the Department of Human Resources. See Fitzgerald v. Dept. of Human Resources, 231 Ga. App. 129 497 SE2d 659 1998 appeal from order modifying child support obligation in case initiated by Department of Human Resources must be brought as discretionary appeal under OCGA § 5-6-35 a 2, among other subsections.

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