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Roberts v. Tharp

The trial court erred in awarding child support without making the required written findings under O.C.G.A. § 19-6-15 c 2.

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Gary L. Roberts Father and Mary Katherine Tharp Mother were divorced in 1997. The parties have one child, but the divorce decree did not contain any award of child support. Both parties filed motions for contempt in superior court, which were resolved in a consent order entered in 2005. The parties soon filed contempt motions again and also sought modification of custody and visitation. Pursuant to OCGA § 15-11-30.1 b, the superior court transferred the action to the juvenile court for investigation and determination. Father requested child support in accordance with OCGA § 19-6-15. See OCGA § § 15-11-28 c 1, 15-11-30.1 b. In early 2007, the juvenile court entered an interim order resolving some custody and visitation issues, and ordering Mother to begin paying child support in the amount of $200 per month. Six months later, the juvenile court denied Mother’s motion for contempt, granted Father’s motion, and reserved the issues of child support and attorney’s fees. In 2008, the juvenile court ordered that “child support shall remain” $200 per month and that “both parties shall be responsible for their own attorney fees.” Father filed a motion to set aside the final judgment and a motion for new trial which were denied on May 20, 2009. Father appeals from that order pursuant to our grant of his application for discretionary appeal. See OCGA § 15-11-3.

1. Father contends that the juvenile court erred by failing to include in its orders regarding child support the specific provisions required by OCGA § 19-6-15 c 2, including a determination of the parents’ gross income and certain findings regarding the child’s health insurance coverage and apportionment of her uninsured health care expenses.

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