Griffin v. Barrett

• Court: Georgia Court of Appeals
• Writing for the Court: SOGNIER; DEEN, C. J., and BIRDSONG
• Citation: Griffin v. Barrett, 271 S.E.2d 647, 155 Ga.App. 509 (Ga. App. 1980)
• Decision Date: 02 September 1980
• Docket Number: No. 59996,59996
• Parties: GRIFFIN v. BARRETT.

Page 647

271 S.E.2d 647

155 Ga.App. 509

GRIFFIN v. BARRETT.

No. 59996.

Court of Appeals of Georgia.

Submitted June 2, 1980.

Decided Sept. 2, 1980.

David N. Rainwater, Cordele, for appellant.

Wilby C. Coleman, Valdosta, for appellee.

SOGNIER, Judge.

The parties in this case entered into a separation agreement pursuant to their 1969 divorce which provided: "For such period as the party of the second part (Griffin) has the legal custody and possession of the children, the party of the first part (Barrett) agrees to pay a sum equal to 25 per cent of his monthly net take-home pay for the support and maintenance of said children ... should party of the second part remarry, party of the first part will pay 25 per cent of his monthly net take-home pay for the support and maintenance of said children while they are within the legal custody and control of the party of the second part, but while said children are within the legal custody and control of the party of the first part, he shall be under no obligation to pay any child support to the party of the second part." The agreement also provided for Barrett to have custody of the minor children during certain months each year.

Griffin remarried and thereafter the parties modified the agreement regarding child support. The modified agreement provided: "... the Second Party (Barrett) will pay to the First Party (Griffin) for the use and benefit of said minor children as permanent child support the total sum of $200.00 per month or $100.00 per child per month commencing with the month immediately following the Court's order of modification ..." Additionally, the second agreement provided: "The prior agreement of the parties as approved by the Court relating to the computation of child support by a percentage of income shall be deemed null and void ..."

In his order modifying the original agreement, the trial court stated: "The original Decree incorporating the Agreement between the parties is hereby modified ... and all terms of the original Decree in conflict therewith are henceforth deemed null and void. All other terms of the original Decree not in conflict herewith shall remain in full force and effect."

Relying on the modified agreement, Griffin demanded payment of child support for the months that the minor children were in Barrett's custody. Upon refusal of Barrett to pay said support, Griffin filed a complaint for declaratory relief seeking to have the trial court settle the controversy. It...