Forrester v. Buerger

Supreme Court of Georgia

Forrester v. Buerger

244 S.E.2d 345, 241 Ga. 34, 1978 Ga. LEXIS 874

CourtSupreme Court of Georgia

DecidedMarch 8, 1978

Docket33344

StatusPublished

Cited by7 cases

This text of 244 S.E.2d 345 (Forrester v. Buerger) 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

Forrester v. Buerger, 244 S.E.2d 345, 241 Ga. 34, 1978 Ga. LEXIS 874 (Ga. 1978).

Pincite

Opinions

Per curiam.

The single issue presented on appeal is whether or not the appellant-father waived his statutory right to seek revision of the periodic child support payments established in his final decree of divorce. Relying upon Kitfield v. Kitfield, 237 Ga. 184 (227 SE2d 9) (1976), the appellee-mother insists that the trial court correctly held that the words "and the same shall not be subject to [35]*35modification” appearing in their settlement agreement incorporated into their divorce decree waived the father’s right under Code Ann. § 30-220 to seek a reduction in his child support payments.

Submitted February 24, 1978 Decided March 8, 1978. Saliba & Newsom, George M. Saliba, for appellant. Walker, Yancey & Gupton, Reuben H. Yancey, for appellee.

Kitfield and similar cases were concerned alone with the issue of whether or not there had been a waiver of the statutory right to a revision of periodic alimony payments for the wife. The present case is concerned alone with periodic child support payments.

Because the statutory right to seek revision of periodic child support payments belongs to the minor child and not to the mother, this court has held that the mother cannot waive, and the parents cannot bargain away, the child’s right to seek increases in child support payments. Livsey v. Livsey, 229 Ga. 368 (191 SE2d 859) (1972); Johnson v. Johnson, 233 Ga. 664 (212 SE2d 835) (1975); Foreman v. Foreman, 234 Ga. 646, 647 (217 SE2d 257) (1975). Neither may the wife waive nor the parents bargain away the right of the child to seek periodic child support payments although the original decree provides none if the father has not relinquished all parental rights. Lanning v. Mignon, 233 Ga. 665 (212 SE2d 834) (1975); Quarles v. Quarles, 237 Ga. 703 (229 SE2d 452) (1976).

The corollary principle is that the former husband may waive his right to seek a reduction of periodic child support payments. Steffner v. Steffner, 228 Ga. 189 (184 SE2d 575) (1971). The case of Mitchell v. Mitchell, 235 Ga. 101 (218 SE2d 747) (1975), is not to the contrary.

Judgment affirmed.

All the Justices concur, except Nichols, C. J., Hall and Bowles, JJ., who dissent.

Free access — add to your briefcase to read the full text and ask questions with AI

Per curiam.

The single issue presented on appeal is whether or not the appellant-father waived his statutory right to seek revision of the periodic child support payments established in his final decree of divorce. Relying upon Kitfield v. Kitfield, 237 Ga. 184 (227 SE2d 9) (1976), the appellee-mother insists that the trial court correctly held that the words "and the same shall not be subject to [35]*35modification” appearing in their settlement agreement incorporated into their divorce decree waived the father’s right under Code Ann. § 30-220 to seek a reduction in his child support payments.

Submitted February 24, 1978 Decided March 8, 1978. Saliba & Newsom, George M. Saliba, for appellant. Walker, Yancey & Gupton, Reuben H. Yancey, for appellee.

Kitfield and similar cases were concerned alone with the issue of whether or not there had been a waiver of the statutory right to a revision of periodic alimony payments for the wife. The present case is concerned alone with periodic child support payments.

Because the statutory right to seek revision of periodic child support payments belongs to the minor child and not to the mother, this court has held that the mother cannot waive, and the parents cannot bargain away, the child’s right to seek increases in child support payments. Livsey v. Livsey, 229 Ga. 368 (191 SE2d 859) (1972); Johnson v. Johnson, 233 Ga. 664 (212 SE2d 835) (1975); Foreman v. Foreman, 234 Ga. 646, 647 (217 SE2d 257) (1975). Neither may the wife waive nor the parents bargain away the right of the child to seek periodic child support payments although the original decree provides none if the father has not relinquished all parental rights. Lanning v. Mignon, 233 Ga. 665 (212 SE2d 834) (1975); Quarles v. Quarles, 237 Ga. 703 (229 SE2d 452) (1976).

The corollary principle is that the former husband may waive his right to seek a reduction of periodic child support payments. Steffner v. Steffner, 228 Ga. 189 (184 SE2d 575) (1971). The case of Mitchell v. Mitchell, 235 Ga. 101 (218 SE2d 747) (1975), is not to the contrary.

Judgment affirmed.

All the Justices concur, except Nichols, C. J., Hall and Bowles, JJ., who dissent.

Cite This Page — Counsel Stack

Bluebook (online)

244 S.E.2d 345, 241 Ga. 34, 1978 Ga. LEXIS 874, Counsel Stack Legal Research, https://law.counselstack.com/opinion/forrester-v-buerger-ga-1978.

Opinions

Related

Cite This Page — Counsel Stack