Lump-sum back-child support award against father VACATED, and case remanded for trial court to reconsider award in light of father’s annual income and his other child support obligations;  Weaver v. Chester, 195 Ga. App. 471 (1990), set custodial parent’s actual expenditures as ceiling or maximum for back-support award, but in no way set those expenditures as minimum for such award, and trial court must follow Child Support Guidelines, which include consideration of both parent’s income and their other child support obligations; evidence showed that father earned less than $27K per year, while child’s natural mother, father’s ex wife, erned nearly three time that amount, and father has five adopted children throughhis remarriage; mother’s testimony regarding her actual child-care expenses over 12 yers, of which she had personal knowledge, supported trial court’s finding that mother expended $83.6K for child-care during that time periold.

Smith v. Carter, A10A1760 (07/30/10), 10 FCDR 2674.

From:  Fulton County Daily Report