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GA Trial Court Places $250K In Trust for Child Support Affirmed

Posted Mar.08, 2010 by Cynthia J. Remboldt, Esq., under Appeal, Child Support

 Child Support, Trust

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)

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