A Houston County jury returned a verdict directing David T. Lewis, the father of Lisa M. Scruggs’ minor child, to pay Scruggs increased child support based upon a substantial change in Lewis’ financial condition. In this discretionary appeal from the denial of his motion for new trial, Lewis contends the jury erred in calculating the award of child support. We agree and remand for a new trial. 1. The jury determined that Lewis’ gross income was $144,362 per year. Because Lewis was supporting one child, the jury applied OCGA § 19-6-15 b 5 and awarded child support in the 17 percent to 23 percent range, which it calculated to be $1000 per month. The jury also found that special circumstances existed justifying a deviation from the applicable guideline: 1 “Ages of the children.” 2 “Income that should be imputed to a party because of suppression of income.” 3 “In-kind income for the self-employed, such as reimbursed meals or a company car.” And 4 “Unusually high income of either or both parties, which shall be construed as individual gross income of over $75,000 per annum.” See OCGA § 19-6-15 c.
If the jury correctly applied the 17-23 percent guideline, which is presumptively correct under OCGA § 19-6-15 b 5, the monthly award of child support would be at least $2,045.1 To justify a downward deviation from this amount, the jury was required to find special circumstances which make the amount of the award excessive. OCGA § § 19-6-15 b 5,-b 6. Although the jury checked several special circumstances listed on the verdict form, it failed to explicitly state whether an award under the guidelines was excessive. Moreover, the special circumstances checked do not imply the jury thought the award was excessive. In fact, they support an inference that the guideline award was inadequate and that the jury intended for Lewis to pay more, not less. Unfortunately, we are unable to deduce the jury’s intent because it failed to state, as required, what the amount of the award would have been before the application of the special circumstances and then to explain why it deviated from that amount. Id.2 The record in this case establishes that the jury failed to calculate correctly the award of child support, failed to make the requisite written or record findings, and failed to properly apply OCGA § § 19-6-15 b 5 and b 6. Consequently, the judgment is reversed and this case is remanded to the trial court for a new trial. See Franz v. Franz , 268 Ga. 465, 466 1 490 SE2d 377 1997.
