Shaw v. Radcliff

Supreme Court of Georgia

Shaw v. Radcliff

209 S.E.2d 194, 232 Ga. 860, 1974 Ga. LEXIS 1114

CourtSupreme Court of Georgia

DecidedOctober 1, 1974

Docket29007

StatusPublished

Cited by1 cases

This text of 209 S.E.2d 194 (Shaw v. Radcliff) 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

Shaw v. Radcliff, 209 S.E.2d 194, 232 Ga. 860, 1974 Ga. LEXIS 1114 (Ga. 1974).

Pincite

Opinion

Gunter, Justice.

This appeal is from a judgment in a contempt case. The trial judge did not hold the former husband in [861]*861contempt of court for failure to make alimony and child support payments. The former wife has appealed.

Submitted July 12, 1974 Decided October 1, 1974. Richard R. Kirby, for appellant. Nick Long, for appellee.

From a review of the record we conclude that the trial judge did not abuse his discretion by not holding the appellee in contempt. See Martin v. Martin, 209 Ga. 850 (76 SE2d 390) (1953). We therefore affirm that part of the judgment.

However, the judgment went on to hold that the appellee would not be responsible for further alimony and child support payments. This part of the judgment was erroneous and must be reversed. This court has repeatedly held that the trial judge in a contempt proceeding has no authority to modify the terms of a divorce and alimony judgment. Deese v. Deese, 230 Ga. 105 (196 SE2d 16) (1973).

Judgment affirmed in part; reversed in part.

All the Justices concur.

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