Department of Human Resources v. Oakes

Court of Appeals of Georgia

Department of Human Resources v. Oakes

411 S.E.2d 363, 201 Ga. App. 462, 1991 Ga. App. LEXIS 1445

CourtCourt of Appeals of Georgia

DecidedOctober 10, 1991

DocketA91A0783

StatusPublished

Cited by1 cases

This text of 411 S.E.2d 363 (Department of Human Resources v. Oakes) 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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Department of Human Resources v. Oakes, 411 S.E.2d 363, 201 Ga. App. 462, 1991 Ga. App. LEXIS 1445 (Ga. Ct. App. 1991).

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Opinion

Beasley, Judge.

Appellee, Mr. Lynn Oakes and Vicki Oakes were divorced in 1984. Their divorce decree required appellee to pay $50 per week per child for the support of the parties’ two minor children. The appellee subsequently entered into a consent agreement with appellant, the Department of Human Resources, requiring appellee to pay child support in the amount of $40 per week per child from July 19, 1988, until December 2, 1988, after which he would again pay weekly child support in the amount of $50 per child.

DHR on the relation of Vicki Oakes later instituted the present contempt action against appellee because of his failure to make child-support payments. After a hearing, the trial court entered an order finding appellee to be in contempt of court by reason of being in arrears in child-support payments in the amount of $1,480. The trial court ordered appellee to begin making payments of $50 per week in child-support payments, $19.50 per week per child as a reduced child-support obligation and $11 per week toward the arrearage.

A trial court in a contempt proceeding is without authority to modify previous orders requiring a party to pay child support. Gallit v. Buckley, 240 Ga. 621, 626 (3) (242 SE2d 89) (1978).

Judgment reversed.

Carley, P. J., and Andrews, J., concur.

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Beasley, Judge.

Appellee, Mr. Lynn Oakes and Vicki Oakes were divorced in 1984. Their divorce decree required appellee to pay $50 per week per child for the support of the parties’ two minor children. The appellee subsequently entered into a consent agreement with appellant, the Department of Human Resources, requiring appellee to pay child support in the amount of $40 per week per child from July 19, 1988, until December 2, 1988, after which he would again pay weekly child support in the amount of $50 per child.

DHR on the relation of Vicki Oakes later instituted the present contempt action against appellee because of his failure to make child-support payments. After a hearing, the trial court entered an order finding appellee to be in contempt of court by reason of being in arrears in child-support payments in the amount of $1,480. The trial court ordered appellee to begin making payments of $50 per week in child-support payments, $19.50 per week per child as a reduced child-support obligation and $11 per week toward the arrearage.

A trial court in a contempt proceeding is without authority to modify previous orders requiring a party to pay child support. Gallit v. Buckley, 240 Ga. 621, 626 (3) (242 SE2d 89) (1978).

Judgment reversed.

Carley, P. J., and Andrews, J., concur.

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411 S.E.2d 363, 201 Ga. App. 462, 1991 Ga. App. LEXIS 1445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-human-resources-v-oakes-gactapp-1991.

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