Georgia
Constitutional Challenges
Events are listed in reverse order.
(Most recent event first. Start from the bottom to follow the sequence.)
Details are added as they occur.
McFall Case – March 24, 2004
The Georgia Supreme Court declined to reconsider it’s
decision that Georgia’s non-compliance with federal regulations
do not substantially alter the objectives of those child support guideline
regulations. It overturned Judge Nation’s February 10, 2003 decision.
An appeal to the US Supreme Court is being prepared. Attorney Daryl LeCroy
says,
. . . analysis by the McFall legal team shows that the Georgia Supreme Court badly botched the legal analysis for this case. Clearly, the federal Child Support Enforcement Agency under U.S. Department of Health and Human Services has abdicated its responsibility for requiring states to have sound child support guidelines. This case is being appealed to the U.S. Supreme Court on the issues that Georgia must comply with federal regulations that guidelines be economically sound and that other regulations – such as case studies and incorporating deviation factors into guidelines – must be met.
Sweat Case - October 21, 2003
The U.S. Supreme Court refused without comment Monday
to consider a case testing whether Georgia requires divorced parents who
don’t have custody of their children to pay too much child support
– often about 20 percent of their income.
“We knew it was a long shot,”
said attorney Daryl Lecroy, who asked the court to take the case on appeal.
“Considering that they have addressed
other social issues recently, we felt this issue affected a vastly larger
number of people than the same-sex kind of concerns,” he said.
Lecroy was appealing a decision in April
by Georgia’s Supreme Court, which held that the existing child support
guidelines are sound.
From
R. Mark Rogers: This decision does not affect the status
of the Rockdale County decision of Ward v. McFall in which Judge
Sydney Nation found Georgia's child support guidelines to not be in compliance
with federal regulations. Judge Nation suspended application of the guidelines
in his court until the Georgia legislature brings the state's guidelines
into compliance. This case is still on appeal before the Supreme Court
of Georgia. Separately, Julie Batson, president of Georgians
for Family Law Reform, stated that a constitutional challenge to Georgia's
child support guidelines is being planned for federal court in coming
weeks. On a final note, these recent decisions on the Sweat case
indicate that the only current route to reasonably equitable child support
awards is through forceful legal and economic arguments for rebutting
the use of the presumptive award.
Sweat Case – August 11,
2003
US Supreme Court petitioned to reverse the Georgia Supreme
Court, and hold the Georgia child support guidelines, unconstitutional.
Sweat Case – April 29, 2003
The Supreme Court of Georgia overturns Judge Perkin’s
ruling, declaring the state guidelines constitutional. It is considered
a poorly argued decision consisting of self-contradictions, and will be
appealed to the U.S. Supreme Court.
- GA supreme court decision. PDF
- Lead lawyer's press release. MSWord
- What's wrong with the ruling, by R. Mark Rogers. PDF
- In the mean time, what this means to your case, by R. Mark Rogers. MSWord
Wright Case – April 28,
2003: Third Constitutional Challenge Is Over 2-Year Prohibition
Lead lawyer files formal appeal to Supreme Court of Georgia
to permanently strike down the state’s unconditional moratorium
to wait two years before filing for a variance in child support after
one ruling. MSWord
McFall Case – February
10, 2003
A second judge, Sidney L. Nation, Sr., Chief Judge of
Rockdale Superior Court, Rockdale County Georgia, granted the motion of
Laura Jean McFall to declare the Georgia Child Support Guidelines unconstitutional
in a temporary order, based upon the Supremacy Clause or Article VI of
the Federal Constitution because Georgia has failed to comply with the
Federal mandate for the state to adopt and periodically revise the guidelines
in line with current economic data.
This is a second constitutional challenge in
Georgia, on different grounds. The law being challenged means that if
you loose your job the day after a ruling, you cannot even request (file
for) reassessment to account for the loss of income for two years. (New
orders can only be retroactive to the date of filing, not before. By federal
law, arrearage can never be discharged for any reason.)
- Judge Nation’s temporary order PDF and its amendment PDF
- Lead lawyer’s press release. PDF
- The motion. PDF
Sweat Case – April 29, 2002
The Supreme Court of Georgia accepted the appeal request.
Sweat Case – March 31,
2002
The Office of the Attorney General for the State of Georgia
appealed Judge Perkins’ decision, acting on behalf of the Georgia
Department of Human Resources. The attorney for the respondent winning
the case before Judge Perkins agreed that the Supreme Court of Georgia
should hear this appeal since it is of utmost importance, that the Perkins'
order is correct and should be applied statewide.
Currently, the Perkins decision only applies
to the Alapaha Judicial Circuit in South Georgia.
Sweat Case – February 25, 2002
Georgia’s child support guidelines are ruled unconstitutional
by Superior Court Judge C. Dan Perkins in Alapaha Circuit Court.