Gaultney v. Gaultney

Supreme Court of Georgia

Gaultney v. Gaultney

372 S.E.2d 814, 258 Ga. 602, 1988 Ga. LEXIS 415

Supreme Court of Georgia·Decided October 20, 1988·No. 46077·Published

Opinion

Hunt, Justice.

The trial court dismissed the former wife’s complaint for modification of child support, filed less than two years after the final divorce decree, as violative of OCGA § 19-6-19 (a). In Thorp v. Thorp, 258 Ga. 220 (367 SE2d 232) (1988), we held that OCGA § 19-6-19 (a) requires a two-year wait for filing a modification petition from a prior modification order, not from the original divorce decree. Accordingly, the complaint was not subject to dismissal.

Judgment reversed.

All the Justices concur. [603]*603Decided October 20, 1988. Hagler, Hyles & Badcock, Tasca W. Badcock, for appellant. Lee R. Grogan, for appellee.

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Hunt, Justice.

The trial court dismissed the former wife’s complaint for modification of child support, filed less than two years after the final divorce decree, as violative of OCGA § 19-6-19 (a). In Thorp v. Thorp, 258 Ga. 220 (367 SE2d 232) (1988), we held that OCGA § 19-6-19 (a) requires a two-year wait for filing a modification petition from a prior modification order, not from the original divorce decree. Accordingly, the complaint was not subject to dismissal.

Judgment reversed.

All the Justices concur. [603]*603Decided October 20, 1988. Hagler, Hyles & Badcock, Tasca W. Badcock, for appellant. Lee R. Grogan, for appellee.

Gaultney v. Gaultney, 372 S.E.2d 814, 258 Ga. 602, 1988 Ga. LEXIS 415 (Ga. 1988).

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Opinion

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