Golden v. Golden
| Citation | 230 Ga. 867,199 S.E.2d 796 |
| Decision Date | 05 September 1973 |
| Docket Number | No. 28021,28021 |
| Parties | George D. GOLDEN v. Florence Jones GOLDEN. |
| Court | Georgia Supreme Court |
Walker, Yancey & Gupton, Fred H. Walker, Valdosta, for appellant.
Ed G. Barham, John R. Bennett, Valdosta, for appellee.
Syllabus Opinion by the Court
Florence J. Golden filed an action in which she sought separate maintenance, alimony and child support from her husband, George D. Golden. He filed a cross claim in which he sought a divorce. The jury granted the husband a divorce and awarded alimony and child support to the wife, as well as providing for a property settlement between the parties. The appeal is from the judgment on the jury's verdict and enumerated as error is the amount of alimony awarded, a provision in such verdict providing for an increase or decrease depending upon changes in the husband's income, the failure of such verdict to provide for termination of child support upon the marriage, etc. of the children and the award of attorney fees. Held:
1. Counsel for the appellee former wife having conceded that a reversal is required under cases exemplified by Dobson v. Dobson, 223 Ga. 432, 156 S.E.2d 72, as to attorney fees inasmuch as no hearing was had on such issue until after verdict and such matter was not reserved for further consideration by the trial court, that part of the judgment awarding attorney fees is reversed with direction that such part of the judgment be deleted from the final judgment.
2. An award of alimony or child support based upon a percentage of future income is enforceable and 'net compensation after taxes' is a term subject to a definite determination. See Kitchin v. Kitchin, 216 Ga. 619, 118 S.E.2d 462. Thus, the award of alimony and child support in a fixed amount but subject to automatic increase or decrease in the event of a change in the husband's 'net compensation after taxes' was not error.
3. An award of child support is for the support of the child in lieu of that required by Code § 74-105 (Thomas v. Holt, 209 Ga. 133(2), 70 S.E.2d 595), and in the absence of specific provisions to the contrary terminates when the child reaches majority or marries. When a child reaches majority, the statutory and common law duty of the father to support the child ceases and should a minor marry, the duty of the father to support the child ceases because such child would no longer be a member of the father's household, but would have assumed an inconsistent...
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