Herbert L. Cousin, Jr.v.Adrian C. Tubbs
Herbert Cousin and Adrian Tubbs were unmarried parents governed by custody and child-support orders. The trial court found Cousin in contempt for incomplete support payments, denied his contempt claim against Tubbs, and increased his support obligation using a high-income deviation. The Georgia Court of Appeals affirmed the rulings on contempt and the other support issues but vacated the high-income deviation. The court held that the trial court had not made findings sufficient to connect the deviation to the children’s best interests and to explain why the presumptive amount was unjust or inappropriate. A deviation cannot become punitive or financially disabling in a way that undermines the parent’s ability to comply and maintain the parent-child relationship. The case was remanded for a new support determination and findings consistent with the child-support guidelines.
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