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Wesley Wade Wilsonv.Berenice Guerrero

CourtCourt of Appeals of Georgia
Docket No.A19A2475
DecidedJanuary 28, 2020
JudgesCourt of Appeals of Georgia
Tags
CivilFamily LawChild CustodyStatutory InterpretationRemandVacatur
Case Summary

Wesley Wilson and Berenice Guerrero were unmarried parents whose prior consent order set custody, visitation, and child support. After Wilson sought to change an overnight-guest restriction, Guerrero counterclaimed for increased support and attorney fees. The trial court increased support and awarded fees, but the Georgia Court of Appeals held that the order did not comply with the statutory requirements for calculating child support and documenting deviations under the Georgia Child Support Guidelines. The court also held that Wilson’s supposed failure to answer the counterclaim did not justify relief because an answer is not required unless the trial court orders one. The appellate court vacated the support and fee awards and remanded for a properly supported calculation and order. It did not disturb the custody ruling.

Opinion

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The Far Side
Wesley Wade Wilson V. Berenice Guerrero — The Atlanta Gleaner