Ayers v. Long

Court of Appeals of Georgia

Ayers v. Long

287 S.E.2d 337, 160 Ga. App. 478, 1981 Ga. App. LEXIS 3152

CourtCourt of Appeals of Georgia

DecidedNovember 13, 1981

Docket62528

StatusPublished

Cited by1 cases

This text of 287 S.E.2d 337 (Ayers v. Long) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ayers v. Long, 287 S.E.2d 337, 160 Ga. App. 478, 1981 Ga. App. LEXIS 3152 (Ga. Ct. App. 1981).

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Opinion

Shulman, Presiding Judge.

Appellant, appellee’s ex-wife, filed a garnishment action, averring that appellee owed her $702.03 in child support. After appellee filed a traverse in which he stated he was not indebted to appellant, a hearing was held and the trial court dismissed appellant’s garnishment action, ruling that appellee was not indebted to appellant. We affirm the order of the trial court.

Appellant complains that the trial court erroneously treated a judgment calling for monthly payments as a single, lump sum judgment. This enumeration of error stems from the mathematical computations which formed the basis of the trial court’s dismissal order. That court found that, after subtracting the total amount of money paid by appellee pursuant to the child support decree from the total mount of the judgment debt, appellee was not indebted to appellant. We find no error in the use of this arithmetical formula in a garnishment proceeding. In fact, this court, in Thacker Const. Co. v. Williams, 154 Ga. App. 670 (269 SE2d 519), remanded that case to the [479]*479trial court for just such a determination. The cases cited by appellant are inapplicable since none involves a garnishment proceeding.

Decided November 13, 1981 Rehearing denied November 24, 1981 Glenville Haldi, for appellant. Jack W. Ward, for appellee.

Judgment affirmed.

Birdsong and Sognier, JJ., concur.

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Shulman, Presiding Judge.

Appellant, appellee’s ex-wife, filed a garnishment action, averring that appellee owed her $702.03 in child support. After appellee filed a traverse in which he stated he was not indebted to appellant, a hearing was held and the trial court dismissed appellant’s garnishment action, ruling that appellee was not indebted to appellant. We affirm the order of the trial court.

Appellant complains that the trial court erroneously treated a judgment calling for monthly payments as a single, lump sum judgment. This enumeration of error stems from the mathematical computations which formed the basis of the trial court’s dismissal order. That court found that, after subtracting the total amount of money paid by appellee pursuant to the child support decree from the total mount of the judgment debt, appellee was not indebted to appellant. We find no error in the use of this arithmetical formula in a garnishment proceeding. In fact, this court, in Thacker Const. Co. v. Williams, 154 Ga. App. 670 (269 SE2d 519), remanded that case to the [479]*479trial court for just such a determination. The cases cited by appellant are inapplicable since none involves a garnishment proceeding.

Decided November 13, 1981 Rehearing denied November 24, 1981 Glenville Haldi, for appellant. Jack W. Ward, for appellee.

Judgment affirmed.

Birdsong and Sognier, JJ., concur.

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287 S.E.2d 337, 160 Ga. App. 478, 1981 Ga. App. LEXIS 3152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ayers-v-long-gactapp-1981.

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