Follow us on Facebook Child Support Findings of Fact
Wednesday, 08 February 2012 17:39 Written by David Canale
Georgia child support law requires that trial courts make specific findings of fact when establishing or modifying child support obligations. O.C.G.A. § 19-6-15 makes such findings mandatory. The general practice is for the court to make specific findings as to the parents’ respective incomes, the cost for health insurance and child care, and any deviations that are permitted under the guidelines. These amounts are then put into the child support worksheet, which caclulates the final child support award.
However, it is quite common for Georgia appellate courts to hear cases involving incomplete trial court child support orders. In all cases where the trial court fails to make the appropriate findings of fact, Georgia appellate courts will reverse the court’s decision and remand the case back to the trial court with direction to make the appropriate findings of fact and include them in its final order. For a recent case where this occurred, see the Georgia Court of Appeals opinion in Johnson v. Ware, Opinion No. A11A1559.
To avoid having this problem, a parent in a case either establishing or modifying a child support order must make sure that his counsel is experienced in the area of family law and child support obligations. Although I have no evidence to back this up, my hunch is that the attorneys whose cases end up being reversed and remanded on appeal for not including the findings of fact probably do not practice much family law and are not familiar with the requirement that the final order include these findings of fact. This provision is not entirely new, but it is one that must be followed to avoid future problems with an order.
Our firm has experienced family law attorneys who can help you with your child support case. It is very important that you pick the right attorney to represent you. We can help you. Please call our office for assistance.
