Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Betty v. Betty

The father's mere status as legal guardian of his minor child from another marriage was not a special circumstance under O.C.G.A. § 19-6-15 c 6.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

We granted a discretionary appeal in this case to consider two questions. The first is whether the trial court erred in ruling that the fact that the appellee, Mr. Betty, is the legal custodian of a child by another marriage is a special circumstance under OCGA § 19-6-15 c 61 when Mr. Betty does not pay child support for the child and does not have physical custody of the child. The second question is whether the trial court erred in finding that Mr. Betty’s past due child support obligation to an adult child from a previous marriage is a special circumstance under OCGA § 19-6-15 c 6. We conclude that Mr. Betty’s legal custody of one child, unaccompanied by child support payments or physical custody, does not constitute a special circumstance under § 19-6-15 c 6, and that, on the other hand, Mr. Betty’s past due child support obligation to an adult child does constitute a special circumstance. Because the trial court erred in ruling that Mr. Betty’s status as legal custodian constituted a special circumstance, we reverse the trial court’s ruling on child support, and remand for proceedings consistent with this opinion.

1. Under OCGA § 19-6-15 c 6, a trial court is permitted to deviate from the child support guidelines set forth in § 19-6-15 b if a trial court finds that a party’s support obligations to another household make the “presumptive amount of support either excessive or inadequate.” In considering subsection c 6, we have held that

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Go to Events Go to Webcasts
BUSINESS LITIGATION ATTORNEY -- HARTFORD, CT

McCarter & English, LLP is actively seeking a litigation associate for its office located in Hartford, CT. One to three years of experie...


Apply Now ›
Associate Litigator

Borteck & Czapek, P.C., based in Florham Park, is a boutique estates and trusts law firm specializing in estate planning and administrat...


Apply Now ›
Gwinnett County: State Court Staff Attorney

Gwinnett County State Court is seeking an attorney to assist the Judge by conducting a variety of legal research, analysis, and document pre...


Apply Now ›
Go to Lawjobs