Walls v. Walls: Where a trial court declines to enter a discretionary deviation in child support, no findings supporting that decision are required.
By Sarah McCormack, family lawyer
A trial court was authorized to give primary physical custody to a party who only requested joint physical custody in his pleadings; the trial court has broad discretion to create a custodial arrangement that best promotes a child’s welfare and happiness.
A discretionary downward deviation in child support due to extraordinary medical expenses must be supported by the requisite findings in Schedule E of the child support worksheet.
Where a trial court declines to enter a discretionary deviation in child support, no findings supporting that decision are required.
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.