## Facts

- Raymond Turner (husband) and Jessica Turner (wife) married in 1999 and had two children; husband filed for divorce in January 2008.
- The parties executed a partial settlement agreement providing for joint legal and physical custody under a rotating schedule (husband Friday a.m. to Tuesday a.m.; wife Tuesday a.m. to Friday a.m., with holiday exceptions).
- Husband agreed to pay wife $11,000 for her interest in the marital residence.
- The parties left unresolved child support and allocation of the children’s extracurricular expenses, waived an evidentiary hearing, and submitted the issues to the trial court after an in-chambers conference.
- The final divorce decree incorporated the settlement agreement, set child support at $552.09 per month, and allocated extracurricular expenses two-thirds to husband and one-third to wife.
- In calculating support, the trial court found husband’s gross monthly income was $5,483.56 (about 65% of combined income), set a basic child support obligation of $1,582, calculated husband’s pro rata share as $986.75, and then applied a parenting-time deviation of $434.66 to reach $552.09.
- Husband did not dispute that a deviation could be applied; he challenged the absence of an explanation of the deviation and the absence of required statutory findings in the order.
- Because the final order was entered after July 1, 2008, the revised child support guidelines in O.C.G.A. § 19-6-15 governed.

## Issues

1. Whether the trial court erred by applying a parenting-time deviation without explaining how the deviation was calculated and without making express findings that the deviation was in the children’s best interests and would not seriously impair the obligor’s ability to provide for the children, as required by O.C.G.A. § 19-6-15.
2. Whether the trial court’s apportionment of the children’s extracurricular expenses complied with the child support framework and the parties’ relative incomes.

## Decision

- The Supreme Court of Georgia held that the trial court failed to comply with O.C.G.A. § 19-6-15’s requirements for deviating from the presumptive child support amount.
- The court vacated the child support portion of the decree to the extent it applied a parenting-time deviation without the required explanation and findings.
- The case was remanded for entry of a new child support order that complies with the statutory deviation requirements.
- Other aspects of the divorce decree, including the incorporated settlement agreement and custody arrangement, were not disturbed.

## Legal Principles

- Under O.C.G.A. § 19-6-15, a trial court may deviate from the presumptive child support amount for extended parenting time or equal residence, but only if it satisfies statutory documentation requirements.
- When applying a deviation, the order must state the presumptive amount, identify the deviation, and explain why the presumptive amount is unjust or inappropriate and why the deviation is warranted.
- The order must include express findings that the deviation is in the best interests of the child and that it will not seriously impair the obligor parent’s ability to provide for the child.
- Merely showing figures on guideline worksheets, without the required narrative explanation and express findings in the order, is insufficient.

## Conclusion

The Supreme Court of Georgia required strict compliance with O.C.G.A. § 19-6-15 when reducing child support through a parenting-time deviation, vacating and remanding because the trial court’s order lacked an explanation of the deviation and the mandatory best-interests and ability-to-provide findings.


Turner v. Turner, 285 Ga. 866, 684 S.E.2d 596 (Ga. 2009)