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Acevedo v. Kim f/k/a Acevedo

Weaver v. Jones, 260 Ga. 493 1990 decided the question of whether father's petition seeking a declaratory judgment as to his obligation for past child support stated a claim for relief.

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This Court granted Deiby “Dave” Acevedo’s application for permission to pursue a discretionary appeal from a declaratory judgment by the Muscogee County Superior Court in favor of his former wife, YongMi Kim, construing the child support provision of the parties’ 1996 final judgment and decree of divorce. We granted the application to decide whether a complaint for declaratory judgment seeking a determination of the amount due for past child support payments states a claim upon which relief can be granted.1 We hold that it does. 1. Acevedo and Kim were divorced in Muscogee County Superior Court on September 20, 1996. They had two children, Daniel and Jonathan, born January 12, 1989, and October 23, 1992, respectively. At the time of the divorce, the older child was 7, and the younger child was 3, and the divorce decree ordered Acevedo to pay Kim child support for the children until they reached the age of majority.

The decree set Acevedo’s initial child support obligation as follows: amonthly per child from October 1, 1996, through May 31, 1997; and bmonthly per child from June 1, 1997, through January 31, 1998.2 The decree further provided that on February 1, 1998, and the first day of February in all succeeding even-numbered years, Acevedo’s child support obligation would increase at the same rate that Acevedo’s income had increased in the past two years.3 The formula, though seemingly straightforward, proved difficult in application.

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