Barfield v. Harrison, 38108

• Decision Date: 12 April 1960
• Docket Number: No. 1,No. 38108,38108,1
• Citation: 114 S.E.2d 302,101 Ga.App. 497
• Parties: T. G. BARFIELD v. Marlene P. HARRISON
• Court: Georgia Court of Appeals

Page 302

114 S.E.2d 302

101 Ga.App. 497

T. G. BARFIELD v. Marlene P. HARRISON.

No. 38108.

Court of Appeals of Georgia, Division No. 1.

April 12, 1960.

Syllabus by the Court.

Under the Uniform Reciprocal Enforcement of Support Act (Ga.L.1958 pp. 34, 37) 1. A father in Georgia is liable for the support his minor child under 18 years of age although residing in another State, and if the father is possessed of sufficient means, he may be required to pay for this support.

2. This duty rests upon the father and may be enforced although either spouse has obtained a final decree of divorce or separation and although there has been an award for support of the child in some prior proceeding.

3. A prior award of support for the minor child is not final and unalterable so as to preclude reconsideration and adjustment under this chapter.

Marlene P. Harrison, defendant in error, and T. G. Barfield, plaintiff in error, were husband and wife. One child was born of the marriage in 1953, and sometime thereafter the mother took the child to her home in Virginia. The father filed suit for divorce in Bibb Superior Court and pursuant thereto a total divorce was granted him on February 13, 1956. On December 6, 1955, the mother and father executed a contract in which it was agreed that the mother would have permanent custody of the infant and would support, maintain, educate and care for the child without any monetary or other contribution therefor to be made by the father. The court in its decree approved and adopted the contract between the parties as to custody and support of the infant and made the agreement the judgment of the court and a part of its decree. Both the contract between the parents for the support of the child and the decree adopting it took place after the effective date of the Uniform Support of Dependents Law. The mother and child have continued to live in Virginia, and on August 17, 1959, the mother petitioned the Court of Juvenile and Domestic Relations for the City of Petersburg, Virginia for support of the child. This, pursuant to the proper practice under the reciprocal acts, was forwarded to Bibb Superior Court, where jurisdiction was obtained over the father. The father entered a plea of res judicata showing the judgment as rendered on February 13, 1956, and further filed demurrers and answer. The trial judge overruled the plea of res judicata and the demurrers, and proceeded with the hearing as to the amount of support to be paid by the father and awarded the sum of $10 per week to the mother for support of the child of the parties.

Carl E. Westmoreland, Macon, for plaintiff in error.

William M. West, Sol. Gen., Jack J. Gautier, Asst. Sol. Gen., Macon, for defendant in error.

BELL, Judge.

Whatever the status of the law in regard to a final award of support money for a child prior to 1951, it is clear that under the Uniform Support of Dependents Law (Ga.L.1951, p. 107) in effect at the time the judgment for divorce herein was rendered and the support award made, a father continues liable for support of his children, and no decree made since the effective date of such act for the support of children entered in any divorce proceeding is a final and unalterable adjudication precluding a later adjustment, and therefore the plea of res judicata was properly overruled. Georgia Laws 1951, § 3(a), p. 109 and § 3(c), p. 110 in effect at the time of the support money award in issue in this case, clearly place a continuing duty upon ...