Judgment PARTIALLY VACATED on father’s petition for joint custody, visitation rights and downward modification of his child support obligation as trial court erred in delaying effective date of its upward modification of father’s child support obligation for 15 months so that he could pay off child support arrearage; although trial court could delay full implementation of upward modification via phase-in, under OCGA 19-6-15, trial court had to provide for some amount, equal to or greater than 25 percent of new award, to take effect immediately; since arrearages cannot be considered in reducing gross income for child-support calculations, it would be inconsistent to allow those arrearages to delay implementation of statutorily-outline increase in child support.

Hampton v. Nesmith, A0801887 (11/13/08), 08 FCDR 3728

Fulton County Daily Report, 12/05/2008