Williams v. Williams

57 S.E.2d 190, 206 Ga. 341, 1950 Ga. LEXIS 343

• Court: Supreme Court of Georgia
• Decided: January 11, 1950
• Docket: 16905
• Status: Published

Opinion

Atkinson, Presiding Justice.

1. Where an agreement between the parties as to the amount of temporary alimony is made the judgment of the court, and subsequently the husband files a petition to modify the award, based on a change in conditions, and upon a hearing on the rule nisi the court awards a judgment for a different amount, such judgment is “granting or refusing applications for alimony” under the Code, § 6-903, and a motion to dismiss the writ of error is denied.

2. While there is no mathematical formula for determining the amount of alimony to be awarded, and the trial judge has a wide discretion in fixing temporary alimony, and in subsequently modifying the same as provided in Code § 30-204, yet, under the evidence in the instant case, the award of $250 per month, where the income of the husband was $350 per month, was excessive and an abuse of discretion.

Judgment reversed.

All the Justices concur. Sam G. Dettelbach, for plaintiff in error. George Carroll and Douglas, Evans & Cole, contra.