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Hackbart v. Hackbart

The trial court should not have awarded child support against father since mother's divorce petition did not seek child support and father did not answer the petition or appear at the hearing.

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Michael Hayes Hackbart appeals from an award of child support in this divorce case. This Court granted his application for discretionary appeal to determine whether the award was appropriate when the complaint contained no plea for child support and the defendant neither answered nor appeared. For the reasons that follow, we reverse.

Michael Hayes Hackbart and Elizabeth Gail Hackbart were married on April 25, 1992. Their only child, Shane, was born in 1994. In 1995, Ms. Hackbart and Shane moved from California to Georgia. Mr. Hackbart joined Ms. Hackbart and Shane in March 1996, but resided in Georgia only until October 1996, and has not visited the state since April 1998. Ms. Hackbart filed for divorce on October 1, 1998. Mr. Hackbart was served by publication and served by second original at his home in the State of Washington. Mr. Hackbart did not respond to or answer the complaint. The complaint prayed for a divorce, that Ms. Hackbart be awarded temporary and permanent custody of Shane, and that Ms. Hackbart be awarded specified real and personal property. The complaint did not include a prayer for child support, nor any allegation that Mr. Hackbart was obligated for such, and there was no request for periodic alimony, only the plea that Ms. Hackbart be awarded the property listed; all property Ms. Hackbart sought was identified in the complaint as being titled in her name. Mr. Hackbart did not appear at the final hearing nor enter any pleadings. In the final decree, the trial court awarded $900 per month in child support; there had been no request for, nor order on, temporary child support.

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