Stephanie Russ brought suit for divorce, and her husband, Kevin Russ, was personally served. Subsequently, an amended complaint and a notice of trial were sent to Mr. Russ’ last known address. The notice of trial was returned with the notation that he had moved to Ohio and left no forwarding address. Mr. Russ neither filed any responsive pleading nor appeared for trial. The trial court entered a final judgment of divorce, but found that Mr. Russ’ whereabouts and place of employment are unknown and that, “as a result, there is no basis on which an award of child support could be granted.” Ms. Russ applied to this Court for a discretionary appeal. Thereafter, the trial court attempted to amend its judgment so as to award certain real property to Ms. Russ, but that amendment is a mere nullity. Nest Investments v. Tzavaras, 221 Ga. App. 282 471 SE2d 223 1996; In the Interest of A.R.B., 209 Ga. App. 324 1 433 SE2d 411 1993. She appeals pursuant to our grant of her application for discretionary appeal. Mr. Russ has filed no responsive brief in this appeal.
1. Ms. Russ contends that the trial court erred by entering a final decree of divorce without addressing or resolving the issue of child support. If the trial court in a divorce action is unable to obtain jurisdiction over the noncustodial parent so as to enter a binding award of child support, Georgia law expressly authorizes a subsequent application for such support. OCGA § 19-6-17 a 2. In this case, however, Mr. Russ was a Georgia resident and he was personally served. Thus, the difficulty was not a lack of jurisdiction over Mr. Russ, but rather his failure to assert any defense. “In divorce cases which are not defended by the responding party, … an evidentiary hearing … for the determination of … child support … and other issues is authorized but not required.” OCGA § 19-5-10 a. Under this code section, a trial court clearly is authorized to rule on the issue of child support despite the defendant’s absence. Indeed, a trial court may fix child support without even holding an evidentiary hearing, based upon a consideration of the verified pleadings, affidavits, “or such other basis or procedure as the court may deem proper in its discretion.” OCGA § 19-5-10 a. Thus, the trial court in this case erred to the extent that it based the refusal to award child support upon the fact that Mr. Russ’ whereabouts are unknown. He was served in Georgia and his current location is irrelevant to the jurisdiction of the trial court to determine his obligation for the support of his child.
