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Ward v. McFall

The child support guidelines as set forth in O.C.G.A. § 19-6-15 are not inconsistent with the federal regulations setting forth funding to Georgia under the federal Aid to Families with Dependent Children program.

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Christopher Ward appeals from an order declaring OCGA § 19-6-15 b unconstitutional. We reverse. Ward and Laura McFall were divorced in Rockdale County in 1993. There are two children of the marriage, born in 1989 and 1990. Ward has custody of the children. In 1999, a consent modification order was entered in Fulton County providing that McFall would pay 25 of her income $375 a month as child support, with a reduction for the summer months when the children lived with her. She was also to provide medical insurance for the children through her employer. In September, 2002, McFall filed a complaint to modify child support and visitation, and in November, 2002, moved for a declaration that the Georgia Child Support Guidelines “Guidelines” found in OCGA § 19-6-15 b are unconstitutional.

In a temporary order, the trial court applied the guidelines, determined that special circumstances existed, see OCGA § 19-6-15 c, adjusted the child support award produced by the guidelines downward, and set McFall’s obligation at $125 per month.1 In the same order2 the court addressed the constitutionality of the guidelines, found that OCGA § 19-6-15 b did not satisfy certain mandates of 45 CFR § 302.56, and declared OCGA § 19-6-15 invalid by virtue of the Supremacy Clause of the United States Constitution. U.S. Const., Art. VI. The trial court issued a certificate of immediate review and this Court granted Ward’s application for interlocutory appeal. See OCGA § 5-6-34 b.

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