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Dyals v. Dyals
Citations: 644 S.E.2d 138; 281 Ga. 894; 2007 Fulton County D. Rep. 1369; 2007 Ga. LEXIS 308Docket: S07F0366
Court: Supreme Court of Georgia; April 24, 2007; Georgia; State Supreme Court
Christopher Dyals and Kimberly Dyals, parents of two minor children, were divorced in 2006. The divorce decree mandated that Christopher pay $1,375 per child per month in child support, based on a jury's determination of his gross monthly income at $5,000, which was found justifiable due to special circumstances under OCGA § 19-6-15. Christopher appealed the denial of his motion for a new trial, arguing that the jury's income determination lacked sufficient evidence, primarily relying on bank statements. However, the jury considered additional evidence, including Christopher's deposition testimony indicating a combined income of $90,000 to $110,000 from his landscaping businesses in 2004, and admissions regarding the income of each business. The court concluded that the evidence supported the jury's findings. Christopher also claimed the jury incorrectly applied the former OCGA § 19-6-15 to calculate child support, leading to an excessive award. Nonetheless, the jury justified an upward modification of support based on findings such as extraordinary medical costs for a disabled child, educational expenses, suppression of Christopher's income, historical spending patterns, and Kimberly's limited income. These factors provided a legal basis for the increased support amount. Finally, Christopher objected to the presentation of his landscaping businesses' bank statements to the jury, which were marked by Kimberly's counsel. However, since Christopher's attorney approved the pages sent to the jury, the court ruled he could not complain about any errors resulting from those markings. The Supreme Court of Georgia affirmed the lower court's judgment, with all justices concurring.