Odom v. Odom

The trial court did not abuse its discretion in granting an upward modification of child support based on a substantial change in the husband's income and financial status.

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Appellant Richard Odom husband and appellee Sherri Odom wife were divorced pursuant to a 2007 final divorce decree. The decree, which incorporated the parties’ settlement agreement, awarded wife primary custody of the parties’ three minor children and ordered husband to pay child support in the amount of $2,065 per month. The decree also required husband to pay private school tuition for the 2008-2009 academic year and provided that he “shall not be responsible for any expense for private school other than set out in the parties’ settlement agreement.” In 2008, husband filed a petition to modify visitation and to hold wife in contempt of the final decree. Wife answered and filed a counterclaim for modification of child support.

Following a hearing attended by both parties and their counsel, the trial court entered an order denying husband’s motions and granting wife’s motion for an upward modification of child support. The court determined there had been a substantial change in husband’s income and financial status sufficient to warrant an increase in child support, and after conducting the calculations required for determining child support under the child support guidelines, ordered an increase in husband’s monthly child support to cover the expenses of private school for the children.1 See OCGA § 19-6-15 b. The trial court deviated from the presumptive child support award based on its conclusion that the “presumptive award would be unjust and/or inappropriate because the educational needs of the children of the parties could not be met with an award of the presumptive amount.” See OCGA § 19-6-15 i. Husband appeals from that portion of the trial court’s order granting wife’s motion for modification of child support. For the reasons that follow, we affirm.

Odom v. Odom

The trial court did not abuse its discretion in granting an upward modification of child support based on a substantial change in the husband's income and financial status.

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