Terrell v. Fair

Supreme Court of Georgia

Terrell v. Fair

164 S.E.2d 843, 224 Ga. 745, 1968 Ga. LEXIS 931

CourtSupreme Court of Georgia

DecidedNovember 7, 1968

Docket24883

StatusPublished

This text of 164 S.E.2d 843 (Terrell v. Fair) 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

Terrell v. Fair, 164 S.E.2d 843, 224 Ga. 745, 1968 Ga. LEXIS 931 (Ga. 1968).

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Opinion

Mobley, Justice.

The appeal is from a judgment modifying an alimony judgment, increasing the weekly payment for the support of the minor child of the parties. Held:

1. The judgment was appealable and the motion to dismiss the appeal is without merit.

2. The evidence did not show that there had been any improvement in the financial status or any increase in the income of the husband, thus the court erred in modifying the judgment by increasing the weekly payments from $10 per week to $22.50 per week. The Act of 1955 (Ga. L. 1955, pp. 630-632), as amended (Code Ann. §§ 30-220 — 30-225), makes no provision for modification of a child support judgment except where there has been a substantial change in the income “or” financial status (Perry v. Perry, 213 Ga. 847, 852 (102 SE2d 534)) of the father subsequently to the rendition of such judgment. Kendrick v. Kendrick, 218 Ga. 284 (127 SE2d 379); Hooks v. Avret, 219 Ga. 743 (135 SE2d 899).

Judgment reversed.

All the Justices concur.

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Mobley, Justice.

The appeal is from a judgment modifying an alimony judgment, increasing the weekly payment for the support of the minor child of the parties. Held:

1. The judgment was appealable and the motion to dismiss the appeal is without merit.

2. The evidence did not show that there had been any improvement in the financial status or any increase in the income of the husband, thus the court erred in modifying the judgment by increasing the weekly payments from $10 per week to $22.50 per week. The Act of 1955 (Ga. L. 1955, pp. 630-632), as amended (Code Ann. §§ 30-220 — 30-225), makes no provision for modification of a child support judgment except where there has been a substantial change in the income “or” financial status (Perry v. Perry, 213 Ga. 847, 852 (102 SE2d 534)) of the father subsequently to the rendition of such judgment. Kendrick v. Kendrick, 218 Ga. 284 (127 SE2d 379); Hooks v. Avret, 219 Ga. 743 (135 SE2d 899).

Judgment reversed.

All the Justices concur.

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Bluebook (online)

164 S.E.2d 843, 224 Ga. 745, 1968 Ga. LEXIS 931, Counsel Stack Legal Research, https://law.counselstack.com/opinion/terrell-v-fair-ga-1968.

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