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Lawskills.com Georgia Caselaw
HOODENPYL v. REASON.
S97A0686.
FLETCHER, Presiding Justice.
Domestic relations. Catoosa Superior Court. Before Judge Tucker, Senior Judge.
We granted Sheila Hoodenpyl's application to appeal to consider whether OCGA 19-6-15 authorizes a trial court to calculate the amount of child support owed based on all the children of a party, rather than the children for whom support is being determined. Because Ehlers v. Ehlers 1 made clear that in determining child support the trial court must calculate the initial percentage of gross income based only on the children for whom it is determining support, and the court below failed to follow Ehlers, we reverse.
Hoodenpyl and Raymond Reason were formerly husband and wife. When they divorced in 1990 Hoodenpyl received custody of the couple's two children and Reason was ordered to pay child support. In February 1996, Hoodenpyl sought an upward modification of child support for the two children based on a change in circumstances. The trial court granted the upward modification, but calculated the guideline percentage of gross income based on three children because Reason subsequently had another child with his second wife. Having calculated the amount of gross income to be used for support, the court then divided that amount on a pro rata basis and made an award of two-thirds of the total to Hoodenpyl's two children.
1. We previously considered this same issue in Ehlers. 2 There, this Court held that "[t]he guideline percentage of child support found in OCGA 19-6-15 (b) cannot be based upon the total number of children the obligor must support." 3 In Ehlers, this Court made clear that the statute requires that the guideline calculation be based only on the number of children for whom child support is being determined. 4 Therefore, the trial court erred in concluding that the applicable percentage of income was the percentage applicable for three children rather than the two children for whom the court was determining support.
Ronald C. Goulart, for appellee.
Notes
2  264 Ga. at 668.
3  Id. at 670-671.
4  Id. at 670.
5  OCGA 19-6-15 (c) (1991 and 1996 Supp.).
6  Id. at (c) (6).
7  See Arrington v. Arrington, 261 Ga. 547 (407 SE2d 758) (1991).
Clifton M. Patty, Jr., for appellant.
DECIDED MAY 5, 1997.
Saturday October 11 05:57 CDT


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