Family Law Section Welcomes Panel of Judges on Child Support Issues
From left: Kathy Adams-Carter, Judge Clarence F. Seeliger, FLS President M. Debra Gold, and Judge Tangela Barrie.
by Alice W. Limehouse, Family Law
On October 3, 2013, the Family Law Section met for breakfast catered by Sawicki’s at the Historic DeKalb County Courthouse. Before a record number of attendees, Superior Court Judges Seeliger and Barrie answered questions and pondered hypotheticals related to complex child support scenarios. (Judge Becker was also scheduled to attend, but unfortunately had to be absent at the last moment.) The discussion centered primarily on the application of Schedule E Deviations and how the judges have approached them when such deviations are presented at trial.
Generally, the judges’ responses maintained a theme: Every case is different and they want to have a fair and sensible result, tailored to the needs of the family before them. The Schedule E Deviations most often presented are Parenting Time and Travel Expenses. Judge Barrie said that there is a large range in what is presented to her as circumstances warranting a Parenting Time Deviation; everything from the noncustodial parent having an extra afternoon per week to equally shared (50/50) parenting time schedules. Judge Barrie told the crowd that she will consider any rational request for deviations and that she takes into consideration the income of the parents and the level of relative hardship the deviation may cause. Judge Seeliger told the attendees that he wants to have all of the relevant information he can get when deciding whether to apply a deviation; the more information he has, the better the result. He noted that when both parties leave the courtroom unhappy, he knows that he has likely made a good decision.
When presenting a request to apply a Schedule E Deviation, both judges told the audience that they preferred to hear testimony about the expenses, rather than get bogged down in a slew of statements and receipts. Given the caseload of the courts, it is important to balance presenting a thorough case with using the court’s time economically. When seeking a deviation for a child’s activities, for example, Judge Barrie would like to know how long the child has participated in the activity and how ingrained the child is in the activity. Acknowledging that some activities are an important source of continuity for some children experiencing family changes, Judge Barrie noted that she would not want to remove that activity, essentially turning the child’s life upside down, if it could be avoided.
Both judges reiterated that the three boxes on Schedule E for findings of fact justifying any deviations applied must be completed, noting that a sentence or two should be sufficient; the findings need not be a dissertation! Judge Barrie went further to state that not only must the boxes be complete, they must be correct or else she will return the worksheet to the submitting attorney for correction. The judges also noted that the stated justification must make sense in the context of the case. The best interest of the children is always the most important justification for applying or not applying a deviation.
The discussion turned again to the types of deviations the judges have applied, or would apply, and the judges were challenged with questions about personal grooming, private school, and gas for driving across town. Judge Barrie said that everything depends upon the circumstances and that the evidence should show why the circumstances are special enough to justify the deviation. She contemplated that if grooming expenses were related to a medical condition, it might be reasonable to allow a deviation. It was agreed by both judges that money for gas to drive across town could be a significant expense in some families and it may be an appropriate Travel Deviation, while in other circumstances it may not be appropriate to apply a Travel Deviation even where a parent must purchase airline tickets to travel to exercise parenting time with his or her child.
Both judges told the audience at the Family Law Section meeting that application of the Parenting Time Deviation is very fact-specific. There is no formula that either judge could offer to guide attorneys. Judge Seeliger said that he is not very sympathetic to requests for Parenting Time Deviations, but that he is willing to be convinced. Judge Barrie stated that she also needs to be convinced, but will apply such a deviation if warranted. She said that whether to apply the Parenting Time Deviation was part of a balancing test of all of the evidence and that she would ultimately do what she believed to be in the best interest of the child or children.
In closing, both judges reiterated that balance, fairness and reasonableness are important when requesting Schedule E Deviations. They advised that lawyers should seek to balance zealous advocacy with objectivity, which also preserves their credibility in the court. Judge Barrie turned the inquiries back on the audience and asked what the family lawyers would do in these situations. She said that the children should be the least affected at the end of the case. Judge Seeliger said that a Guardian ad Litem is sometimes helpful when determining how important a particular factor, such as attending private school, is to a child’s life. He encouraged the lawyers present to participate in the process as Guardians ad Litem.
The Board of the Family Law Section is looking forward to more informative breakfasts with opportunities to get to know DeKalb County judges and fellow attorneys. Please consider joining the Family Law Section on the first Thursday of each month.