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Miller v. Tashie

Georgia Supreme Court

265 Ga. 147, 454 S.E.2d 498 (1995)

Facts

Wesley Miller and Susan Tashie were married, had one child together, and divorced. Miller was ordered to pay child support of $6,400 per year. Subsequently, both spouses remarried. Miller fathered two more children and obtained custody of another child from a marriage that predated his marriage to Tashie. Miller also experienced an increase in gross income. Miller petitioned for a downward modification of his child-support obligation. The trial court dismissed the petition, holding that an increase in income acted as a bar to downward modification of a child-support order and that subsequent children were not a factor to be considered. Miller appealed. The Georgia Supreme Court granted certiorari.

Rule of Law

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Issue

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Holding and Reasoning (Benham, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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