Following a bench trial, Solomon Raymond Vereen, Sr. Husband and Merror Porter Vereen Wife were divorced pursuant to a Final Judgment and Decree of Divorce entered on May 7, 2007. After considering the income and other circumstances of both Husband and Wife, the trial court ordered Husband to pay child support in the amount of $1,043, alimony consisting of the first and second mortgages on the marital home, a $27,000 tax debt owed to the IRS, and attorney fees of $7,500. We granted Husband’s application for discretionary appeal in this divorce case pursuant to this Court’s Family Law Pilot Project, under which this Court will grant a non-frivolous discretionary application seeking review of a final decree of divorce. Maddox v. Maddox , 278 placeStateGa. 606 604 SE2d 784 2004. Husband contends that the trial court erred by failing to properly consider evidence relating to child support, alimony, and attorney fees; failing to enforce a temporary order for the psychological evaluation of Wife; and failing to properly allocate the tax debt. For the reasons that follow, we affirm. 1. Husband contends that the trial court erred in its factual findings used to support its awards for child support and alimony. Specifically, Husband claims that the trial court erred in finding that his income was at least $65,000 per year for purposes of calculating child support, that alimony could be properly awarded, and that Husband’s age and health conditions did not affect his ability to pay child support. However, “this court will not set aside the trial court’s factual findings unless they are clearly erroneous, and this Court properly gives due deference to the opportunity of the trial court to judge the credibility of the witnesses.” Citations and punctuation omitted. Frazier v. Frazier , 280 placeStateGa. 687, 690 4 631 SE2d 666 2006. “The standard by which findings of fact are reviewed is the ‘any evidence’ rule, under which a finding by the trial court supported by any evidence must be upheld.” Citation omitted. Southerland v. Southerland , 278 placeStateGa.188 1 598 SE2d 442 2004. Furthermore, “in the absence of any mathematical formula, fact-finders are given a wide latitude in fixing the amount of alimony and child support . . . under the evidence as disclosed by the record and all the facts and circumstances of the case.” Citations and punctuation omitted. Farrish v. Farrish , 279 placeStateGa.551, 552 615 SE2d 510 2005.
In addition to hearing extensive testimony from Husband regarding the alleged impact of his age and health conditions on his earnings potential, the trial court also considered evidence from Wife regarding Husband’s income and the fact that Wife had not been involved in an adulterous relationship as alleged by Husband, evidence of Husband’s payment of the mortgage on the marital home and payment of other bills, evidence that Husband had made $55,000 from one event alone and often would not take business engagements unless he would make at least $10,000 from them, evidence of Husband’s major purchases with cash, evidence of Husband’s funding of events for his business, and Husband’s own testimony conceding that his gross earnings varied from between $67,000 to $88,000 per year. Thus, the record supports the trial court’s conclusions that Husband’s income was at least $65,000 per year, that the alimony award was proper, and that Husband’s age and health conditions did not adversely affect his ability to pay child support. See id. at 552; see also OCGA § 19-6-1 b to show lack of entitlement to alimony, spouse must “establish by a preponderance of the evidence that the separation between the parties was caused by the other party’s adultery or desertion”.1 Therefore, the trial court’s conclusions will not be disturbed here. Wood v. Wood , 283 placeStateGa.8 1 655 SE2d 611 2008.2 See also OCGA § 19-6-15 I 2 H trial court may, but is not required to, reduce child support obligation based on mortgage payments.
