Discretion of Dekalb County trial court affirmed in child support case
Recently, the Georgia Court of Appeals affirmed the great discretion of the Dekalb County trial court in determining how to handle a father who was in contempt of his child support obligation. Henry v. Beacham, 301 Ga. App. 160 (2009). The father, who was a professional football player, had failed to make child support payments according to the trial court’s temporary order in the case. Id. at 161. In addition, the trial court found that, despite his significant income, he “had encountered financial problems over the course of his professional athletic career.” Id. In light of these facts, the trial court ordered an income deduction order and ordered that the father “fund a $ 250,000 trust, which would be invaded only in the event that [he] failed to pay his obligations.” Id. Any money remaining in the trust would be refunded to the father at the conclusion of his child support obligation.
The father was later found in contempt for failing to fund the trust and appealed, alleging that the trust was not authorized under the child support guidelines. Id. at 162. The Georgia Court of Appeals disagreed, quoting OCGA 19-6-15(c)(2)(B) which states that the trial court is authorized to order the "manner, how often, to whom, and until when the support shall be paid." Id. at 163. The Court further stated that OCGA 19-6-15, “as a whole establishes that the legislature has granted trial courts broad discretion when ruling on child support obligations based on the factors presented to the court at the time of the award.” Id. at 163. Looking at the facts of the case, the Court of Appeals found that the trial court did not abuse its discretion in ordering the father to fund a trust in case he, again, failed to satisfy his child support obligation.
