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Final Copy 290 Ga. 616 S11F1506. ELLIS v. ELLIS.

HUNSTEIN, Chief Justice. Appellant Karen W. Ellis ("Wife") appeals the Final Order in her divorce action against Appellee Marlon Ellis ("Husband") on the grounds that the trial court improperly calculated Husband's self-employment income and refused to consider the minor child's cheerleading expenses as a special expense for purposes of deviating from the statutory support guidelines. We hold that the trial court's findings were within its discretion and affirm the Final Order. Wife filed for divorce on June 23, 2009. The parties attended mediation and resolved all issues except child support and the division of certain property. This appeal involves only the amount of child support owed to Wife. Husband is self-employed in the heating and air conditioning business. At the bench trial, the parties presented conflicting evidence regarding Husband's income as a basis for awarding child support. In order to determine Husband's income, the trial court considered the testimony of the parties, the parties' 2008 joint tax return, bank statements from six intermittent months in

2009, Husband's profit and loss statement, and competing domestic relations financial affidavits and child support worksheets from the parties. Husband submitted a financial affidavit listing his monthly income as $3,000 -- the monthly salary he paid himself out of the business. He also submitted a child support worksheet listing his monthly income as $4,474. Wife submitted a child support worksheet asserting that Husband's monthly income was $20,446.25, a number derived from the total amount of deposits reflected in the six months of bank statements entered into evidence. The trial court found that neither the $3,000 nor the $20,446.25 listed on the parties' respective documents accurately reflected Husband's income. The trial court noted that as the Husband is self-employed, his income is equal to the net profit of his business, not his salary nor his business's gross receipts. Considering all the evidence, the trial court found that the $4,474 monthly net business profit listed on Husband's child support worksheet and supported by Husband's profit and loss statement was the most "credible" calculation of Husband's monthly income. Wife provided extensive testimony at trial regarding the minor child's involvement in competitive cheerleading and sought a deviation from the statutory guidelines for that special expense. Wife's documents and testimony

reflect differing amounts for the cheerleading expense, ranging from $237 per month to $385 per month. The trial court held that the cheerleading expense was not a "necessity" and declined to deviate from the statutory guidelines. 1. In the appellate review of a bench trial, this Court will not disturb the trial court's factual findings unless they are clearly erroneous. Langley v. Langley, 279 Ga. 374 (2) (613 SE2d 614) (2005). Rather, we will give due deference to the trial court, acknowledging that it has the opportunity to assess the credibility of the witnesses. Id. As such, the trial court is authorized to resolve conflicts in the evidence. Miller v. Miller, 288 Ga. 274 (3) (705 SE2d 839) (2010). OCGA

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