Gowins v. Gary

Court of Appeals of Georgia

Gowins v. Gary

667 S.E.2d 640, 293 Ga. App. 469, 2008 Fulton County D. Rep. 2860, 2008 Ga. App. LEXIS 978

CourtCourt of Appeals of Georgia

DecidedAugust 29, 2008

DocketA07A0642

StatusPublished

This text of 667 S.E.2d 640 (Gowins v. Gary) 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.

Bluebook

Gowins v. Gary, 667 S.E.2d 640, 293 Ga. App. 469, 2008 Fulton County D. Rep. 2860, 2008 Ga. App. LEXIS 978 (Ga. Ct. App. 2008).

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Opinion

Andrews, Judge.

In Gowins v. Gary, 284 Ga. App. 370 (643 SE2d 836) (2007), we considered an appeal from the trial court’s judgment on a petition by Gowins to hold Gary in contempt for wilful failure to make child support payments which accrued under a settlement agreement incorporated into the judgment of the court. We affirmed the trial court’s judgment to the extent the court found Gary in contempt for failure to pay support which accrued under the agreement after it was incorporated into the court’s judgment; reversed the trial court’s judgment to the extent the court found it had no authority to consider whether Gary was in contempt for failure to pay support which accrued under the agreement prior to the date it was incorporated into the court’s judgment; vacated the trial court’s judgment refusing to award interest on the amount of child support enforce *470 able by contempt, and remanded the case for the trial court to reconsider the award of interest. In Gary v. Gowins, 283 Ga. 433 (658 SE2d 575) (2008), the Supreme Court granted certiorari

Decided August 29, 2008. Moss & Rothenberg, Robert A. Moss, for appellant. Kenneth H. Schatten, Tamar O. Faulhaber, for appellee.

to determine whether the Court of Appeals erred by concluding that the trial court had authority to consider holding a parent in contempt for failing to make child support payments which accrued under a settlement agreement prior to the date the agreement was incorporated into a court judgment,

and reversed the judgment of this Court on that issue. Accordingly, the judgment of the Supreme Court is made the judgment of this Court. Otherwise, the judgment of this Court in Gary, 284 Ga. App. 370, remains unchanged.

Judgment affirmed in part and vacated in part, and case remanded with direction.

Ellington and Adams, JJ., concur.

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Andrews, Judge.

In Gowins v. Gary, 284 Ga. App. 370 (643 SE2d 836) (2007), we considered an appeal from the trial court’s judgment on a petition by Gowins to hold Gary in contempt for wilful failure to make child support payments which accrued under a settlement agreement incorporated into the judgment of the court. We affirmed the trial court’s judgment to the extent the court found Gary in contempt for failure to pay support which accrued under the agreement after it was incorporated into the court’s judgment; reversed the trial court’s judgment to the extent the court found it had no authority to consider whether Gary was in contempt for failure to pay support which accrued under the agreement prior to the date it was incorporated into the court’s judgment; vacated the trial court’s judgment refusing to award interest on the amount of child support enforce *470 able by contempt, and remanded the case for the trial court to reconsider the award of interest. In Gary v. Gowins, 283 Ga. 433 (658 SE2d 575) (2008), the Supreme Court granted certiorari

Decided August 29, 2008. Moss & Rothenberg, Robert A. Moss, for appellant. Kenneth H. Schatten, Tamar O. Faulhaber, for appellee.

to determine whether the Court of Appeals erred by concluding that the trial court had authority to consider holding a parent in contempt for failing to make child support payments which accrued under a settlement agreement prior to the date the agreement was incorporated into a court judgment,

and reversed the judgment of this Court on that issue. Accordingly, the judgment of the Supreme Court is made the judgment of this Court. Otherwise, the judgment of this Court in Gary, 284 Ga. App. 370, remains unchanged.

Judgment affirmed in part and vacated in part, and case remanded with direction.

Ellington and Adams, JJ., concur.

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Bluebook (online)

667 S.E.2d 640, 293 Ga. App. 469, 2008 Fulton County D. Rep. 2860, 2008 Ga. App. LEXIS 978, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gowins-v-gary-gactapp-2008.

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