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Ward v. Georgia Dep't of Human Resources

Mother did not show she was harmed by the state bringing an child support action against her as an action to establish child support rather than to modify her already-existing child support obligations.

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Cindy Ward appeals from an order of the Superior Court of Henry County directing her to pay support for her minor child who lives with his father. Ward contends that the petition to establish support should have been brought as an action to modify her existing support obligations, rather than an original action to establish support. We agree that the Department of Human Resources “DHR” failed to follow the statutory procedure precisely, but as that failure did not prejudice Ward, we affirm the child support order.

Ward and Anthony Burch married in 1982 and had four children together. They divorced in 1991. During the divorce proceedings, the trial court entered a temporary order granting custody of all four children to Ward and directing Burch to pay support for each child. Burch and Ward later signed an agreement giving custody of the eldest child to Burch and custody of the other children to Ward. Under this agreement, Burch was to pay Ward $28.00 per week per child as support for the three children living with her. The agreement did not specifically address child support payments for the child living with Burch, but did state that Burch and Ward would equally divide the cost of medical care not covered by insurance for all four children. The trial court’s final divorce decree incorporated the parties’ agreement and ordered them to abide by it.

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