Georgia Department of Human Resources v. Sweat

Sears, Presiding Justice.

The trial court declared Georgia’s statutory child support guidelines to be unconstitutional, concluding they violate the constitutional guarantees of due process, equal protection and privacy, and also operate as an unconstitutional taking of property. Having reviewed the matter, we conclude that the trial court erred by employing incorrect constitutional standards and unsound constitutional analyses. Therefore, we reverse.

When they divorced in November 1998, Samuel and Michelle Sweat agreed that Samuel would retain custody of the couple’s three minor children, that…