Roberts v. Tharp, 286 Ga. 579

Summary

The Supreme Court of Georgia reviewed a juvenile court's child-support and attorney-fee rulings in a post-divorce contempt and custody matter. The court held that the child-support award was invalid because it lacked the written findings required by OCGA § 19-6-15(c)(2), and that the court was required to enforce the parties' contractual attorney-fee provision in their consent order. The judgment was vacated and the case remanded for entry of consistent orders.

Holdings

1. A child-support order entered under the revised OCGA § 19-6-15 guidelines must contain the specific written findings required by OCGA § 19-6-15(c)(2), including the parents' gross income and required findings concerning the child's health-insurance coverage and allocation of uninsured health-care expenses. Because the juvenile court omitted those findings, its child-support award was vacated.
2. When a consent order incorporates the parties' agreement that the party found in contempt will pay the other party's attorney fees, the juvenile court lacks authority to alter that fee arrangement. Because Mother was found in contempt, the order requiring each party to pay its own attorney fees was vacated.

Questions Presented

1. Whether the juvenile court's child-support orders were legally sufficient when they omitted the written findings required by OCGA § 19-6-15(c)(2), including findings concerning the parents' gross income, the child's health-insurance coverage, and allocation of uninsured health-care expenses.
2. Whether the juvenile court could refuse to enforce the attorney-fee provision in the parties' 2005 consent order after finding Mother in contempt.

Disposition

vacated