Demmons v. Wilson-Demmons

Summary

The Georgia Supreme Court vacated and remanded a divorce judgment because the trial court failed to include written findings of the parties’ gross monthly incomes in the final order as required by OCGA § 19-6-15(c)(2)(C). The missing income findings affected the child-support determination and prevented appellate review of the husband’s remaining enumerations of error. The court directed the trial court to enter the required findings, reconsider child support, and amend the decree accordingly.

Holdings

1. The trial court erred by failing to include in the final order a written finding of each parent's gross income as determined by the court, as required by OCGA § 19-6-15 (c) (2) (C). A child-support worksheet containing the figures was insufficient because it was neither attached to nor incorporated into the final order.
2. The Court could not address Husband's remaining enumerations because they could be affected by the income findings that the trial court had not properly entered, leaving an insufficient record for review.

Questions Presented

1. Whether the trial court was required to include in the final divorce order written findings of the parties' gross monthly incomes as determined by the court.
2. Whether the Supreme Court could address Husband's remaining enumerations of error when the final order lacked the required income findings.

Disposition

vacated