Turner v. Turner
285 Ga. 866, 684 S.E.2d 596 (2009)
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Rule of Law:
When a court deviates from the presumptive amount of child support under Georgia law, its order must include specific written findings explaining the reason for the deviation, how the presumptive amount would be unjust, and how the deviation serves the best interests of the child.
Facts:
- Raymond Turner and Jessica Turner were married and had two children before separating.
- The parties agreed to a joint legal and physical custody arrangement, where Raymond had physical custody from Friday morning to Tuesday morning and Jessica had custody from Tuesday morning to Friday morning.
- Raymond agreed to pay Jessica $11,000 for her interest in the marital residence.
- The parties could not reach an agreement on the issues of child support and the division of the children's extracurricular expenses, leaving these matters for the court to decide.
Procedural Posture:
- Raymond Turner filed for divorce from Jessica Turner in a Georgia trial court.
- The parties submitted the unresolved issues of child support and extracurricular expenses to the trial court.
- The trial court entered a final judgment and divorce decree incorporating a parenting time deviation, ordering Raymond Turner to pay $552.09 in monthly child support, and apportioning extracurricular expenses.
- Raymond Turner (appellant) was granted discretionary review by the Supreme Court of Georgia.
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Issue:
Does a trial court's child support order that deviates from the presumptive statutory amount satisfy Georgia law if it fails to include the required written findings explaining the basis for the deviation and its benefit to the children?
Opinions:
Majority - Thompson, Justice.
No. A trial court's order that deviates from the presumptive child support amount is legally deficient if it does not contain the specific written findings required by statute. Under OCGA § 19-6-15, any deviation, whether for extended parenting time or for special expenses like extracurricular activities, requires the court to make explicit findings. The order must: (1) explain the reasons for the deviation, (2) state the presumptive amount of child support that would have been required, (3) explain why applying the presumptive amount would be unjust or inappropriate, and (4) state how the deviation serves the best interests of the children. The trial court in this case applied a parenting time deviation and separately apportioned extracurricular expenses without making any of these mandatory findings. Therefore, the judgment is invalid and must be reversed and remanded for the trial court to conduct further proceedings consistent with the statute's requirements.
Analysis:
This decision strictly enforces the procedural requirements of Georgia's child support guidelines, significantly curtailing judicial discretion. It establishes that a court's failure to make the statutorily mandated written findings when deviating from the presumptive support amount is reversible error. The ruling promotes transparency and consistency in child support orders, ensuring that deviations are not arbitrary but are justified on the record as being in the child's best interest. It also clarifies that special expenses, like extracurriculars, cannot be apportioned in a separate ad hoc award but must be handled through the statutory deviation process, complete with the required findings.
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