Larizza v. Larizza

Summary

The Georgia Supreme Court affirmed a child-support award in a divorce case involving a parent who received supplemental security income and asserted disabilities preventing employment. The court held that the trial court properly excluded SSI from its calculations but could impute other income based on family assistance and potential part-time employment. In the absence of a transcript, the appellate court presumed that evidence supported the trial court’s findings and concluded that no abuse of discretion was shown.

Holdings

1. The challenge to the inclusion of SSI benefits was meritless because the trial court expressly excluded those benefits from its final child-support calculations.
2. The trial court did not err in imputing financial resources because its order and attached schedules made the specific written findings required by OCGA § 19-6-15.
3. Frank failed to establish an abuse of discretion because, without a transcript, the appellate court presumed that conflicting evidence was admitted, that the trial proceedings were regular, and that evidence supported the trial court's findings.

Questions Presented

1. Whether the trial court improperly included Frank Larizza's SSI benefits in calculating child support.
2. Whether the trial court erred by imputing income or other financial resources to Frank Larizza without expressly applying particular provisions of OCGA § 19-6-15 (f)(4).
3. Whether the trial court could determine Frank Larizza's employability and reject an admission concerning his inability to work when the bench-trial proceedings were not transcribed.

Disposition

affirmed