A Georgia court may deviate from the presumptive amount of child support only if its order makes the written findings OCGA 19-6-15 requires; without them the award is vacated on appeal.
What Counts as a Deviation
Under OCGA 19-6-15(a)(10), a “deviation” is “an increase or decrease from the presumptive amount of child support,” described in our post on Georgia’s income shares model, and under OCGA 19-6-15(b)(7) every deviation must be “supported by the required findings of fact” and entered on Schedule E. In Stowell v. Huguenard, 288 Ga. 628 (2011), the trial court ordered the father to pay 25 percent of any income above his base salary. The Supreme Court held that “any amount above or below the presumptive amount of child support shall be considered a deviation” and vacated the award because it was neither on Schedule E nor supported by findings.
The Three Findings
OCGA 19-6-15(i)(1)(B) and (c)(2)(E) require the order to state: (1) the reasons for the deviation; (2) the amount that would have been required without it; and (3) how the presumptive amount “would be unjust or inappropriate considering the relative ability of each parent to provide support” and how deviating serves the child’s best interest. In Heintz v. Heintz, 301 Ga. 209 (2017), the court gave a reason, military school had improved the child’s behavior, but made no findings on the other two factors, and the deviation was reversed “for this reason alone.” The findings must “connect the dots.” Fladger v. Fladger, 296 Ga. 145 (2014).
On Appeal
Missing findings mean reversal, however small the deviation. In Walls v. Walls, 291 Ga. 757 (2012), Schedule E was blank and an $83.20 deviation was reversed, the court repeating that this is so “even when the amount of the deviation could be characterized as de minimis.” A court that awards the presumptive amount need not explain that choice. Hamlin v. Ramey, 291 Ga. App. 222 (2008).
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!