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Stoker v. Severin

The appellant admitted that the appellee owed no periodic child support at the time of the hearing on appellant's garnishment claim.

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After a hearing, the State Court of Cobb County granted the traverse filed by Paul Severin in the garnishment action filed by Deborah Stoker. The court dismissed the case and ordered that all funds held in the registry of the court be released to Severin. With the permission of this Court,1 Stoker appeals, contending that the trial court erred in several respects. For the following reasons, we affirm. Because the trial court sits as the trier of fact when ruling on traverse to a garnishment, its findings based upon conflicting evidence are analogous to a jury verdict and should not be disturbed by a reviewing court if there is any evidence to support them. Wachovia Bank of Georgia v. Unisys Finance Corp. , 221 Ga. App. 471, 473 1 471 SE2d 554 1996. When the evidence is uncontroverted and no question of witness credibility is presented, however, the trial court’s application of the law to undisputed facts is subject to de novo appellate review. McDonald Construction Co. v. Bituminous Casualty Corp. , 279 Ga. App. 757, 760 632 SE2d 420 2006.

In Stoker’s affidavit for garnishment, she claimed that Severin was indebted to her in the principal amount of $8,886.21. The indebtedness represented Severin’s alleged arrearage under the parties’ 1999 divorce decree, as modified by a 2002 consent order. The decree obligated Severin to pay Stoker $2,350 in monthly child support. In addition, the decree, as modified, obligated Severin to pay one-half of all reasonable and necessary health care expenses that were not covered by insurance and to pay one-half of the cost of the children’s extracurricular activities up to $500 per month.

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