Department of Human Resources v. Jones
Department of Human Resources v. Jones
Opinion of the Court
We granted this discretionary appeal to reemphasize the requirement that changed circumstances must be shown before an existing child support award may be modified. The trial court in this case ruled that: (a) its prior order in a legitimation proceeding validly decreased the existing child support obligation of Jones (the father) from $615 a month to $500 a month, and (b) the mother had to repay the father $1,955 (the difference between the two figures over seventeen months). We do not agree that the trial court’s prior order validly decreased the father’s child support obligation and therefore reverse.
The Georgia Department of Human Resources filed a petition in Douglas County for the recovery of child support from Jones, and a
1. Jones contends the DHR is not a proper party to this appeal because the mother and child are no longer receiving public assistance. However, the DHR’s statutory duty to enforce child support payments continues after public assistance ceases. See OCGA § 19-11-6 (b). This is logical, since it will usually be the payment of child support which is keeping the mother and child from needing public assistance. And the continuing role of the DHR is particularly crucial in cases such as this one, where the mother is unrepresented and no guardian ad litem has been appointed for the child.
2. The exclusive means for modifying an award of child support is set forth in OCGA § 19-6-19 (a): either former spouse may petition for a modification by “showing a change in the income and financial status of either former spouse or in the needs of the child.” See Conley v. Conley, 259 Ga. 68 (4) (377 SE2d 663) (1989). Jones argues that a modification can occur in conjunction with a legitimation proceeding brought under OCGA § 19-7-22, and that such a modification happened here. While it is possible that a petition for modification could be brought in the context of a legitimation proceeding under some circumstances, that did not happen in this case because there was no showing of changed circumstances. Jones suggests we should presume there was evidence of changed circumstances because the DHR has failed to provide a transcript of the August 1992 hearing.
Judgment reversed.
As the DHR points out, it was unable to have that hearing transcribed because Jones failed to notify the DHR that the hearing was scheduled.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.