" (Footnote omitted.) Kennedy v. Kennedy, 309 Ga. App. 590, 592 (1) (a), 711 S.E.2d 103 (2011). See Williams v. Williams, 301 Ga. 218, 222 (2), 800 S.E.2d 282 (2017) (record reveals that trial court relied on evidence from final hearing, even though evidence also "likely" presented at the temporary hearing).
Indeed, Schedule D of the court's child support worksheet confirms that the child care expenses are to be paid by Sally. See Kennedy v. Kennedy, 309 Ga.App. 590, 592(1)(b), 711 S.E.2d 103 (2011). And “an adjustment to the presumptive amounts of child support has been made to account for this expense.”
Further, even if the Father did not make the same precise argument that he now makes on appeal concerning the trial court’s compliance with the written findings requirement of OCGA § 19-6-15, because this case must be remanded for further proceedings and a new order issued, this deficiency can be remedied as necessary depending on the outcome of the proceedings upon remand. See Kennedy v. Kennedy , 309 Ga. App. 590, 592-93 (1) (a) & (b), 711 S.E.2d 103 (2011) (concerning the need for written findings when a deviation is ordered). See Winchell v. Winchell , 352 Ga. App. 306, 306 (1), 835 S.E.2d 6 (2019) (discussing waiver of compliance with the written findings requirement of OCGA § 19-6-15 ).
The parties were, however, at the time the petition was filed, married and not divorced. Consequently, this case is distinguishable from Kennedy v. Kennedy, 309 Ga.App. 590, 711 S.E.2d 103 (2011), in which the Court of Appeals, and not this Court, had jurisdiction over an original petition for award of child custody and child support in a case involving parents who had already obtained a final divorce decree in Alabama that did not address the issues of custody and support because their child no longer lived in that state. “Child support is a form of alimony.”
In this case, the mother's notice of appeal designated only a few items to be included in the record on appeal. "Our consideration of the contentions presented by [the mother]—who, as the appellant, has the burden to affirmatively show error by the record—is affected by the meagerness of the record."Kennedy v. Kennedy, 309 Ga.App. 590, 711 S.E.2d 103 (2011). The mother notes in her appellate brief that she "was not represented by counsel at the [contempt] hearing and there is no transcript of the proceedings."