Hamlin v. Ramey

The father failed to show that the proportional amount of his parenting time constituted a special circumstance, which would make the presumptive amount of child support excessive.

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The Superior Court of Gwinnett County entered an order legitimating the minor child of Kristen Ramey and Damian Hamlin and a consent order providing for custody, visitation, and related matters. In a subsequent order, the court determined the amount of child support and set out findings as required by OCGA § 19-6-15 c 2. Hamlin appeals the child support order, contending the trial court erred in failing to grant him a deviation from the presumptive amount of child support, based on his parenting time, and in failing to explain its conclusion that the parenting time deviation from the presumptive amount was not applicable. Finding no error, we affirm. 1. The child support order in this case shows that the trial court determined that, pursuant to the visitation schedule, Hamlin’s proportional share of the parenting time is 35.8 percent annually.1 Hamlin contends that, because his share of the annual total parenting time is far more than the “normal” amount of annual custodial time upon which the child support guidelines are based,2 he is entitled to a downward deviation from the presumptive amount of child support. Resolution of Hamlin’s argument requires an examination of recent legislative changes in the process of calculating child support.

The General Assembly revamped Georgia’s Child Support Guidelines in several acts passed in 2005 and 2006; the new guidelines took effect January 1, 2007.3 As described by one commentator, “instead of calculating child support based on the non-custodial parent’s income, the new ‘income shares’ model is designed to have the child support divided between the parties on a pro rata basis.” Footnote omitted. Barry B. McGough et al., “Annual Survey of Georgia Law: Domestic Relations,” 58 Mercer L. Rev. 133, 143-144 VI Fall 2006.4

Hamlin v. Ramey

The father failed to show that the proportional amount of his parenting time constituted a special circumstance, which would make the presumptive amount of child support excessive.

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