Gary Johnson v. Tomiko Johnson

Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ October 29, 2013

The Court of Appeals hereby passes the following order:

A14A0351. GARY JOHNSON v. TOMIKO JOHNSON.

Gary Johnson filed a petition against his ex-wife to modify the child support, custody, and visitation provisions that were established in the parties’ 2012 divorce decree. The trial court dismissed the petition, and Gary Johnson filed a direct appeal in this Court. The Supreme Court, however, has appellate jurisdiction over “[a]ll divorce and alimony cases.” Ga. Const. of 1983, Art. VI, Sec. VI, Par. III (6). In Georgia, when the obligation to pay child support arises from a prior divorce proceeding, child support is a form of alimony. Jurisdiction over actions to modify a divorce decree’s child support provisions, therefore, lies in the Supreme Court. See Spurlock v. Dept. of Human Resources, 286 Ga. 512, 513 (1) (690 SE2d 378) (2010); Jones v. Jones, 280 Ga. 712, 715-716 (2) (632 SE2d 121) (2006). Accordingly, this appeal is hereby TRANSFERRED to the Supreme Court for disposition.

Court of Appeals of the State of Georgia 10/29/2013 Clerk’s Office, Atlanta,__________________ I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.