Eldridge v. Eldridge: Husband’s sea pay constituted “special pay or incentive pay” shall not be included in gross income when determining child support.
Sarah McCormack, family lawyer
Husband’s sea pay constituted “special pay or incentive pay” as defined under O.C.G.A. Sec. 19-6-15(f)(1)(E) that shall not be included in gross income when determining child support.
Where converting weekly amounts into monthly amounts in domestic cases, Uniform Superior Court Rule 24.2A requires a conversion factor of 4.35, even though 52 weeks divided by 12 months equals 4.33.
A trial court may order that out-of-pocket medical expenses are equally divided (versus divided pursuant to the parties’ pro rata income percentages); such a determination is not a child support “deviation,” but rather within the trial court’s discretion as set forth in O.C.G.A. Sec. 19-6-15(b)(10).
Sarah McCormack grew up in Atlanta, Georgia, before receiving her undergraduate degree at the University of Virginia and her law degree at the University of North Carolina, Chapel Hill. She has participated in two Georgia appellate decisions: Kean v. Marshall, 294 Ga. App. 459 (2008), and RTS Landfill, Inc. v. Appalachian Waste Systems, LLC, 267 Ga. App. 56 (2004). Ms. McCormack shares her household with her husband, Kevin McCormack, a Senior Web Producer for Turner Sports, her son, Dylan, and her daughter, Lark. She is with the firm of Kessler & Solomiany LLP, in Georgia.
The under-reporting of income not only decreases the spouse’s support obligations but it may also impact negatively on the value of the spouse’s business interests.