Parker v. Parker

Supreme Court of Georgia

Parker v. Parker

159 S.E.2d 412, 224 Ga. 54, 1968 Ga. LEXIS 666

CourtSupreme Court of Georgia

DecidedJanuary 18, 1968

Docket24450

StatusPublished

Cited by3 cases

This text of 159 S.E.2d 412 (Parker v. Parker) 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

Parker v. Parker, 159 S.E.2d 412, 224 Ga. 54, 1968 Ga. LEXIS 666 (Ga. 1968).

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Opinion

Duckworth, Chief Justice.

The award of alimony here incorporated an agreement of the parties whereby a lump sum payment of $1,200', payable over a 24-month period at the rate of $50 per month, and an equity in a dwelling were made in *55 “full settlement and satisfaction of . . . liability for temporary and permanent alimony.” Hence the parties having fully settled their obligations to each other, the modification contemplated by the revision of alimony statute (Ga. L. 1955, pp. 630, 631; Code Ann. § 30-222) does not apply to “an award from the corpus of the husband’s estate in lieu of such periodic payment,” and no cause of action for modification of alimony award is alleged, notwithstanding the husband was allowed to pay the lump sum in 24 payments. The court did not err in sustaining the motion to dismiss the petition.

Argued January 8, 1968 Decided January 18, 1968. William W. Daniel, for appellant. William R. Parker, for appellee.

Judgment affirmed.

All the Justices concur.

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Duckworth, Chief Justice.

The award of alimony here incorporated an agreement of the parties whereby a lump sum payment of $1,200', payable over a 24-month period at the rate of $50 per month, and an equity in a dwelling were made in *55 “full settlement and satisfaction of . . . liability for temporary and permanent alimony.” Hence the parties having fully settled their obligations to each other, the modification contemplated by the revision of alimony statute (Ga. L. 1955, pp. 630, 631; Code Ann. § 30-222) does not apply to “an award from the corpus of the husband’s estate in lieu of such periodic payment,” and no cause of action for modification of alimony award is alleged, notwithstanding the husband was allowed to pay the lump sum in 24 payments. The court did not err in sustaining the motion to dismiss the petition.

Argued January 8, 1968 Decided January 18, 1968. William W. Daniel, for appellant. William R. Parker, for appellee.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

159 S.E.2d 412, 224 Ga. 54, 1968 Ga. LEXIS 666, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parker-v-parker-ga-1968.

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