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S10F1818. SIMMONS v. SIMMONS
State: Georgia
Court: Supreme Court
Docket No: S10F1818
Case Date: 02/28/2011
Preview:Final Copy 288 Ga. 670

S10F1818. SIMMONS v. SIMMONS.

HUNSTEIN, Chief Justice. Kristi Simmons ("Wife") filed for divorce from Gregory Simmons ("Husband") after 16 years of marriage. The parties have one child, who was born in June 1996. Following a bench trial, the trial court issued a final judgment and decree of divorce wherein, inter alia, it ordered Husband to pay monthly child support of $1,137; to maintain $150,000 in insurance on his life for the benefit of the child and establish a trust in which to place any proceeds; to pay all medical insurance and uncovered medical expenses for the child; to be responsible for debts associated with his truck; and to pay Wife $15,000 in attorney fees. Husband's application for discretionary review was granted pursuant to this Court's Family Law Pilot Project, see Wright v. Wright, 277 Ga. 133 (587 SE2d 600) (2003), and, finding no error, we affirm. 1. Husband contends that the trial court erred in calculating child support by including K-1 income in his gross income. The evidence shows that

Husband is employed by and owns approximately 23 percent of the stock of Holbrook Waterproofing Company ("Company"), a Subchapter S corporation; his mother is the other shareholder of this closely held corporation. The Subchapter S designation means that "[Company's] shareholders, instead of the corporation itself, [are] required to report their proportionate share of [Company's] taxable business income on their individual tax returns and pay the appropriate federal income taxes." Trawick Constr. Co. v. Georgia Dept. of Revenue, 286 Ga. 597 (690 SE2d 601) (2010). This proportionate share of corporate income is reported on Internal Revenue Service Schedule K-1. Husband argues that his K-1 income should not be considered in the calculation of gross income for child support purposes because it is merely a bookkeeping entry and does not represent income that he has actually received. This argument has been decided adversely to Husband. Appling v. Tatum, 295 Ga. App. 78 (2) (670 SE2d 795) (2008). We also note that other amounts not actually received, e.g., payroll taxes, are included in gross income. See OCGA
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