The Georgia Department of Human Resources “DHR” brought this action against Jarrod Harrell, on behalf of Harrell’s son, to confirm paternity and to enforce payment of child support. Following trial, the trial court found that Harrell was the child’s father and ordered Harrell to pay $1,639 per month in child support. Harrell appeals, arguing that the court erred in calculating his gross income and in sanctioning him for a discovery violation without affording him an opportunity to be heard on the issue. Because we agree that Harrell was not afforded a hearing prior to the imposition of discovery sanctions and because those sanctions were unduly severe, we reverse and remand this matter to the trial court. The record shows that Harrell’s child was born on April 15, 2002. Harrell and the child’s mother were never married; however, since the child’s birth, the mother has had custody, and Harrell, who apparently has not contested paternity, has paid her $400 per month in child support. In December 2007, the child’s mother learned that Harrell had been part owner of a small construction and remodeling company since 2005, which went by the name Exousia Development & Construction, Inc. “Exousia”. Although the record is not clear as to whether Exousia was initially created as a partnership or a limited liability company, by 2007, it was operating as a Subchapter S corporation, with Harrell as a one percent shareholder. Regardless, based on Harrell’s involvement with Exousia, the child’s mother believed that Harrell was receiving income in addition to that which he received from his salary as a police officer. Consequently, she filed an application for child support enforcement with DHR, which resulted in DHR filing a complaint for recovery of child support against Harrell.1 At the same time that it filed the complaint, DHR served Harrell with requests for admission of facts and a notice to produce, requesting information regarding his personal finances and medical insurance. DHR did not serve Exousia with any discovery requests.
On February 28, 2008, the case was continued so that the results of genetic testing could be obtained. It is unclear from the record why DHR sought to impose the additional burden and expense of conducting genetic testing, especially in light of the fact that Harrell had already been voluntarily providing child support and does not appear, based on the record, to have contested paternity. In fact, the request for admission of facts served on Harrell sought an admission that he was the natural parent of the child. Although neither Harrell’s answer to the complaint nor his responses to DHR’s discovery requests are included in the record, it does not appear that Harrell denied paternity at any point. Nevertheless, on that same date, Harrell and DHR entered into a consent order regarding genetic testing to determine paternity. On March 20, 2008, the case was continued again because the results of the genetic testing still had not been obtained. Ultimately, the genetic testing results indicated a 99.99 percent probability of Harrell’s paternity.
