Creation of $250K trust to fund future child support payment, AFFIRMED:  Court had jurisdicion to consider father’s appeal, even though father filed his appeal outside of 30 days of trial court’s order, since certain details of trust were not specified and order contemplated further court action; trial court was authorized to create trust under OCGA 19-6-15, because statue provided for instances where trial court had discretion to deviate from child support table and statue as a  whole gives trial court broad discrtion when ruling on child support obligations; trust did not violate OCGA 9-5-6, which prevents creditiors without liens from enjoining debtors from disposing of property, ince some evidence showed that father wasted or mismanaged his assets and that he was in arrears several times with child support payments; trial court did not abuse its discretion in ordering trust that only benefited one of father’s children, because trial court considered other child support orders when it calculated support award, trust was fully funded by father’s 2007 an 2008 bonus money and trial court did not have authority to enter trust awards for any other child; trial court did not abuse its discretion in ordering $250K to be placed in trust, because it had discretion to create trust and father did not show any error in trail court’s calcautions.

Henry v. Bacham, A09A1129 (11/19/09)

From:  Fulton County Daily Report (12/11/2009)

GA judgment requiring father to pay $1,639 per month in child support, REVERSED, as trial court erred in failing to hold hearing prior to imposing discovery sanctions and sanctions were unduly severe; trial court excluded critical evidence and/or precluded father from making arguments that were critical to his case; trial court also erred in calculating father’s self-employment gross income, because trial court ignored father’s business expenses and other deductions and fact that he only owned one percent of shares in small construction and remodeling company.

Harrell v. Georgia Dept. f Human Reources ex rel. Harrell, A09A1886 (10/15/09)

From:  Fulton County Daily Report  (11/06/2009)

Order finding appellant in contempt of court for failing to pay child support and ordering release of $42.3K to former wife, REVERSED, as dormancy statues barred child support claim; settlement agreement between appellant and his former wife required child support payments from appellant until 1989, when youngest child reached age 18, in 2005, appellant’s former wife attempted to collect past due child spport for first child reached age 18, under OCGA 9-12-60 (a), judgment can become dormant after seven years, but, pursuant to OCGA 9-12-61, may be renuewed or revived within ensuing 3-year period; record showed that child support judgment became dormant in 1996 and not renewed within 3-year period.

From:  Fulton County Daily Report (10/23/09)

Markowitz v. Georgia Dept. of Human Resources, A09A1040 (10/07/09), 09 FCDR 3246

Attorneys:  Barbara B. Claridge, Catherine V. Ryan

Judges: Joann Bowens, Fulton Superior Court; Phipps, Bernes, Smith, Georgia Court of Appeals.

Judgment REVERSED in parties’ divorce case; trial court erred in applying discretionary parenting time deviation from presumptive amount of child support without making all required findings under OCGA 19-6-15(c)(2)(E) and (i)(1)(B); under revised child support guidelines, trial court erred in making separate child support award for extracurricular activities, which was outside parameters of Child Support Worksheet; any deviation for special expenses must be included in Schedule E.

From:  Fulton County Daily Report (10/16/09)

Turner v. Turner, S09F1313 (10/05/09)

Attorney:  Pandora E. Palmer, Katherine E. Fagan, Edea M. Caldwell

Judges:  Brian Amero,  Henery Superior Court;  Supreme Court of Georgia, Thompson,

A GA trial court may not deny a child support contempt hearing because the Temporary Protective Order, ordering father to pay child support, would expire before the hearing date because a trial court lacks authority to modify the terms of a child support order nor may it forgive any child support in arrears.

James-Dickens v. Petit-Compere;  A09A1617 (08/04/09)

Judges:  Miller; Barnes; Andrews;   /  Joan Bloom (Cobb Superior Court)

For more information contact:  CJ Remboldt

A GA parent who  tests positive for marijuana and cocaine at the inception of a case, has a history of marijuana use, lacks stable and suitable housing, has no stable employment, does not pay child support and continues to reside with the children’s other parent, who has a chronic drug and alcohol abuse problem supports the termination of the parent’s parental rights to her children.

If a court grants a parent application for discretionary appeal, the parent can not show harm from the juvenile court’s alleged failure to provide a transcript.

A juvenile court does not abuse its discretion in determining the children should stay in their stable foster home , where the children have bonded with the foster parents and the foster parents wished to adopt them rather than a grandparent who is away from home for months at a time.

In the Interest of J.J.  A09A1330 (07-17-09)

Judges:  M. Anthony Baker, Cherokee Juvenile Court;  Bernes, Smith, Phipps

For more information contact:  CJ Remboldt