lawskills
Google
search the Web search LawSkills.com
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
WALKER v. WALKER.
S90A1035.
WELTNER, Justice.
Modification of alimony. Fulton Superior Court. Before Judge Sears-Collins.
The wife was awarded child support as a part of a divorce decree entered in 1985. In August 1989, she filed against the former husband a petition to modify the provisions for child support, specifically asking that the court direct the former husband to make support payments according to the guidelines set out in OCGA 19-6-15 (b). The trial court granted the former husband's motion to strike the request, holding that the guidelines can apply only to modifications of awards that are entered after the effective date of the Act, July 1, 1989. The trial court considered the guidelines as a substantive change in law that might not be applied retroactively, citing Polito v. Holland, 258 Ga. 54 (365 SE2d 273) (1988). We granted the former wife's application for a discretionary appeal.
These guidelines are intended by the General Assembly to be guidelines only and any court so applying these guidelines shall not abrogate its responsibility in making the final determination of child support based on the evidence presented to it at the time of trial.
(b) Under the terms of the statute, the finder of fact is free to apply the guidelines, or to fix child support on the basis of appropriate factors other than those reflected in the guidelines. The trial court's duty is to allocate resources based upon need and ability to pay. OCGA 19-6-1 (c). That duty is unchanged by the new statute.
2. The statute creates no new duty on the part of the former husband. Neither does it alter his continuing obligation, which is to provide adequate child support. At the most, the statute offers a computational reference, which the finder of fact may apply if it chooses.
William C. Joy, Senior Assistant Attorney General, William M. Droze, Assistant Attorney General, amicus curiae.
Weinstock & Scavo, John P. Wilson III, Michael J. Zenner, for appellee.
Hurt, Richardson, Garner, Todd & Cadenhead, Emily S. Bair, Steven H. Koval, for appellant.
DECIDED OCTOBER 4, 1990.
Sunday October 12 08:53 CDT


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com