Category Archives: Insurance Benefits

Substantial, unsupervised visitation inconsistent with claim of severe disability thus part-time employment for child support purposes affirmed.

Judgment AFFIRMED, as evidence supported monthly child support awarded to appellee; appellant’s argument that his supplemental security income (SSI) was his sole income and, thus, he could not be liable for any amount of child support, rejected, because trial court granted appellant’s motion to exclude SSI benefits from its child support calculations;  appellant’s argument that trial court erred by imputing other income to him rejected, because trial court made all requisite findings; although appellee admitted that appellant was not willingly unemployed, trial court presumably resolved conflicting evidence properly in absence of transcript; appellant’s argument that his driving ability was insufficient to show his capability to find gainful employment, rejected, because trial court had opportunity to assess appellant and because substantial, unsupervised visitation with his son granted to appellant was inconsistent with his claim of severe disability, rendering him incapable of part-time employment.

Larizza v. Larizza, S09F1836 (02/01/2010), 10 FCDR 228.

From:  Fulton County Daily Report, 2/12/2010)