Draughn v. Draughn

707 S.E.2d 52, 288 Ga. 734, 2011 Fulton County D. Rep. 529, 2011 Ga. LEXIS 182
CourtSupreme Court of Georgia
DecidedMarch 7, 2011
DocketS10A1599, S10A1600
StatusPublished
Cited by3 cases

This text of 707 S.E.2d 52 (Draughn v. Draughn) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Draughn v. Draughn, 707 S.E.2d 52, 288 Ga. 734, 2011 Fulton County D. Rep. 529, 2011 Ga. LEXIS 182 (Ga. 2011).

Opinion

BeNHAM, Justice.

We granted the application for discretionary review filed by appellant Angel Draughn (hereinafter “Mother”) from the trial court’s February 2010 order terminating the child-support obligation of appellee Clifford Draughn (hereinafter “Father”) with regard to the 18-year-old son of the parties for whom Father had agreed to pay monthly support until the child

reaches the age of eighteen . . . ; provided that if [the child] becomes eighteen years old while enrolled in and attending a secondary school on a full time basis, then the child support shall continue for [said child] until he has graduated from secondary school or reaches the age of twenty, whichever comes first.

The child turned eighteen on April 21, 2009. The February 22, 2010 order was entered simultaneously in two actions, one initiated by Father’s petition for declaratory judgment and the other initiated by Mother’s petition for a finding of contempt.

In its order terminating the child support obligation, the trial court saw the determinative question as being whether the child was “actually attending school” following his eighteenth birthday. The trial court found that, in February 2009, the child had stopped attending the private high school in which he was enrolled and, with the agreement of his private school, had enrolled in an online *735 high-school program with the assurance he would graduate as a student of his private high school upon completion of the online coursework. However, the child did not complete the coursework and did not graduate from the private high school.

In its order, the trial court stated it “does not find that an online class satisfies the requirement of ‘attend’ as per the agreed-upon language in the child support modification clause. ...” However, the trial court did not enter a judgment based on that finding. Instead, the trial court went on to assume, for the sake of argument, that “virtual attendance” in an online class could satisfy the prerequisite that the child be “attending” school, and found that the child failed to attend school on a full-time basis after June 9, 2009, and that Mother had failed to carry her burden of presenting “a possible defense” to the child’s failure to attend school full time after June 9. As a result, the trial court found that the child abandoned his status as a full-time student enrolled in and attending a secondary school on June 9. Based on these findings, the trial court terminated Father’s child-support obligation as of July 1 and found him in contempt for his failure to pay child support for May and June 2009. In granting the application to review the trial court’s order, we expressed interest in whether a child’s enrollment in an online class may satisfy the requirement of “attending” school and whether, under the terms of the child-support modification order, the trial court was required to determine whether the child was enrolled in and attending full time a secondary school as of the date of the child’s eighteenth birthday.

1. The trial court initially found that the child’s enrollment in online courses did not satisfy the modification order’s requirement that the child “attend” school in order to have Father pay child support beyond the child’s attainment of majority. While the trial court did not base its judgment on this finding, 1 we asked the parties to address the correctness of the trial court’s statement.

In 2005, the Georgia General Assembly enacted OCGA § 20-2-319.1, thereby authorizing the Georgia State Board of Education to establish the Georgia Virtual School “whereby students [age 21 or younger] may enroll in state funded courses via the Internet or in any other manner not involving on-site interaction with a teacher.” OCGA § 20-2-319.1 (a). Acting pursuant to the authority given it by the statute, the State Board of Education has promulgated rules and regulations concerning the process to be followed by students registered in public or private schools or a home study *736 program to enroll in courses provided by the Georgia Virtual School Program and approved entities. Rules and Regulations of the State of Georgia, Georgia Department of Education, Instructional Technology, r. 160-8-1-.01. In light of the legislative and executive branches’ endorsement and regulation of online learning opportunities for Georgia students, we conclude that once a child enrolls in approved online courses in an effort to graduate from secondary school, his online attendance constitutes “attending school” for purposes of extending child support beyond the child’s attainment of the age of majority.

2. In support of the trial court’s alternate ruling that Father’s child support obligation ended in June 2009 when the child was no longer attending school, Father asserts that the trial court’s termination of child support as of July 1 was correct since the child was not in continuous attendance at school through July 31. However, the parties’ agreement incorporated into the modification order did not require the child’s “continuous” attendance in school during the summer months, but required only his “full-time” attendance in school. In Bullard v. Swafford, 279 Ga. 577 (619 SE2d 665) (2005), a trial court had incorporated into its final judgment of divorce a parental agreement identical to the one at issue in the case before us and, just as in the case before us, the child attained the age of majority before completing his secondary education. Employing an earlier holding construing the phrase “full-time student” as meaning “continuous attendance during the normal school year,” this Court held that the requirement that the child be a “full-time student” did not entail his attendance in school during the summer months of a normal school year. Id. at 581. We stated in Bullard that

the plain language in the agreement shows that the parties clearly contemplated, for whatever reason, that it might take beyond their son’s eighteenth birthday for him to finish secondary school, and that the father’s support would continue until the son reached twenty should that be necessary [for the child to complete his secondary education].

Id. at 581. In light of our holdings in Bullard as to what the parties’ incorporated agreement contemplated and that full-time school does not require attendance in school during the summer months, the trial court erred as a matter of law when it determined that Father’s child-support obligation terminated because the child was not enrolled in and attending school on a full-time basis between June 9, 2009 and August 2009.

3. We address next whether, under the terms of the child-support *737 modification order, the trial court was required to determine if the child was enrolled in and attending full time a secondary school as of the date of the child’s eighteenth birthday.

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Bluebook (online)
707 S.E.2d 52, 288 Ga. 734, 2011 Fulton County D. Rep. 529, 2011 Ga. LEXIS 182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/draughn-v-draughn-ga-2011.