Turner v. Turner

684 S.E.2d 596 (2009)

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Turner v. Turner

Georgia Supreme Court
684 S.E.2d 596 (2009)

  • Written by Eric Miller, JD

Facts

Raymond Turner (plaintiff) and Jessica Turner (defendant) married, had two children, and divorced. A partial settlement agreement provided that Raymond and Jessica would share custody of the children. The trial court found that Raymond’s gross monthly income of $5,483 represented roughly two-thirds of the couple’s combined monthly income. The court assessed a child-support obligation of $1,582 per month, of which Raymond's pro rata share was calculated at $986.75. This amount was further reduced by a deviation of $434.66 to account for Raymond’s parenting time, ultimately resulting in a monthly child-support obligation of $552.09. The court’s order did not include findings explaining the basis for the deviation. Due to this lack of explanation, Raymond sought the discretionary review of the Georgia Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Thompson, J.)

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Casebooks

Family Law

Key Terms

  • Discretionary AppealReview of a lower court decision that requires approval of the reviewing court.
  • Child SupportIn a divorce or custody proceeding, the legal obligation of one parent to provide payment to the other for the needs of the couple’s children.
  • Property-Settlement AgreementIn the divorce context, a contract between spouses that governs division and distribution of all assets, including real and personal property, upon dissolution of marriage.
  • Downward DeviationA departure from the statutory support guidelines whereby the trial judge decreases the amount of child support awarded based upon various factors.

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