Southerland v. Southerland, 278 Ga. 188

Summary

The Supreme Court of Georgia held that evidence supported the trial court’s classification of gifts to the wife and property acquired with those gifts as her non-marital property. The court remanded for the trial court to make a required finding regarding the wife’s income and reconsider the child-support award, while affirming the alimony award and the property classifications.

Holdings

1. The trial court did not err in finding that the family gifts were made solely to Wife and that the commercial properties and marital residence acquired with the gifted funds or their proceeds were Wife's non-marital property.
2. A divorce decree awarding child support must include a written finding of the gross income of both the father and the mother, and the decree was deficient because it omitted Wife's income.
3. The omission of a written finding concerning Wife's income did not require reversal of the alimony award because no statute required such findings in the decree and the record did not show that the trial court failed to consider Wife's income and financial resources.

Questions Presented

1. Whether the trial court properly classified family gifts, property purchased with those gifts or their proceeds, and the marital residence as Wife's non-marital property.
2. Whether the child-support award was legally deficient because the divorce decree did not include a written finding of Wife's gross income as required by OCGA § 19-6-15(a).
3. Whether the alimony award was improper because the decree did not include findings concerning Wife's income and financial resources.

Disposition

remanded