X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Doyle, Presiding Judge.   Sonya Luann Perkins (“the mother”) filed a divorce petition, and her then-husband, Timothy Perkins (“the father”), filed a counterclaim. The trial court entered a final judgment of divorce, including therein a $67,672.58 award under OCGA § 19-7-24 to the mother for reimbursement of reasonable and necessary expenses for the parties’ daughter, J. P. We granted the father’s subsequent application for discretionary review. The father appeals the reimbursement award, arguing that (a) OCGA § 19-7-24 was inapplicable because J. P. was not born out of wedlock as defined by OCGA § 19-7-23; and (b) the trial court erred by awarding reimbursement in a greater amount than the mother spent to support J. P. For the reasons that follow, we vacate the reimbursement award and remand for further proceedings consistent with this opinion.In June 2016, the mother filed a complaint for divorce, and the father filed an answer and counterclaim. The mother subsequently filed an amended complaint, seeking, among other things, reimbursement for expenses associated with caring for J. P. Both parties stated in their pleadings that they were married on January 22, 2004, and that J. P., who was born in 2004, was a “minor child born as issue of the marriage.”[1]In the August 25, 2017 final judgment, following a hearing, the trial court granted the parties’ divorce, ordered that each party would keep their respective property and marital debt, granted joint legal custody of J. P., with the mother having primary physical custody, and granted the father visitation rights. The court ordered the father to pay child support in the amount of $263 per month, based upon the mother’s imputed income of $1,261 per month and the father’s income of $1,502.28 per month. The court also required the father to reimburse the mother for reasonable and necessary expenses associated with caring for J. P.:   The [c]ourt finds . . . that the [f]ather has failed to provide any financial support for the minor child since the parties’ separation over ten years ago. The [f]ather’s testimony supported this finding. The [c]ourt finds that the [m]other has incurred reasonable and necessary expenses for the minor child pursuant to OCGA § 19-7-24 in the amount of $67,672.58 and is entitled to reimbursement for the same. A [d]omestic [j]udgment is entered against the [f]ather in the amount of $67,672.58. This debt shall accrue interest in the annualized percentage rate of 3 [percent]. The [f]ather shall pay this amount in minimum monthly payments of $375.96 beginning August 1, 2017[,] and the first of the month thereafter.

 
Reprints & Licensing
Mentioned in a Law.com story?

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

More From ALM

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
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
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
November 07, 2024
Orlando, FL

This event shines a spotlight on the individuals, teams, projects and organizations that are changing the financial industry.


Learn More
November 06, 2024 - November 07, 2024
Orlando, FL

BTI provides leading tax professionals from financial institutions with unmatched tools and resources.


Learn More
November 13, 2024
New York, NY

Honoring outstanding legal achievements focused at the national level, largely around Big Law and in-house departments.


Learn More

Our client, a small but highly sophisticated and entrepreneurial tax boutique in Charleston, SC, has asked for our firm s assistance in iden...


Apply Now ›

CORE RESPONSIBILITIES AND TASKS:(1) Tasks and responsibilities include:Reviewing and negotiating commercial agreements for internal business...


Apply Now ›

Boutique midtown Manhattan law firm specializing in sophisticated real estate litigation & representation of commercial and residential ...


Apply Now ›