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Fitzgerald v. Department of Human Resources
Citations: 231 Ga. App. 129; 497 S.E.2d 659; 98 Fulton County D. Rep. 1866; 1998 Ga. App. LEXIS 380Docket: A98A0805
Court: Court of Appeals of Georgia; March 11, 1998; Georgia; State Appellate Court
On March 4, 1997, the Department of Human Resources (DHR) filed a petition in the Superior Court of Houston County to modify an existing child support order against Randall Fitzgerald, as per OCGA 19-11-12. The petition included a recommendation to increase Fitzgerald's child support payments based on a prior order from the Bibb County Superior Court. Fitzgerald received service by mail and subsequently filed an objection. The case was heard de novo on September 17, 1997, resulting in the trial court's order on September 23, 1997, which modified the child support amount and issued an income deduction order. Fitzgerald appealed this decision. DHR moved to dismiss the appeal, citing Fitzgerald's failure to comply with the discretionary appeal procedures outlined in OCGA 5-6-35. The court emphasized that appeals regarding modifications of child support obligations must follow these discretionary procedures, which are jurisdictional. Fitzgerald's noncompliance with OCGA 5-6-35 led to the dismissal of his appeal. The decision was made on March 11, 1998, with concurrence from Judges McMurray and Blackburn. The document clarified that this case did not pertain to debt collection under OCGA 19-11-5 that would allow for different appeal procedures.