Horton v. Horton, 22071
| Decision Date | 03 July 1963 |
| Docket Number | No. 22071,22071 |
| Citation | 219 Ga. 177,132 S.E.2d 200 |
| Parties | Fletcher HORTON v. Cora Mae HORTON. |
| Court | Georgia Supreme Court |
Syllabus by the Court
Social Security disability payments received for the benefit of his children should be credited toward the father's obligation under an alimony decree.
Romae L. Turner, Atlanta, for plaintiff in error.
George C. Mitchell, Atlanta, for defendant in error.
The issue is whether credit for Social Security disability payments for the benefit of his children should be given a father in determining his compliance with a decree requiring him to make payments for the support of his children.
This issue emanates from a proceeding filed by Fletcher Horton against his former wife Cora Mae Horton in the Superior Court of Fulton County in which he sought cessation of support payments to their older child who, he alleged, had become self supporting and also an accounting for Social Security disability benefits paid to such former wife for their children. By a decree of February 1, 1956, the marriage of the parties had been dissolved and the father ordered to pay to the mother a specified amount weekly for the support of their two children until each child became self supporting, married or reached majority.
From the evidence at the hearing it appeared that the older child was gainfully employed. It further appeared that the father, in February, 1958, became totally and permanently disabled and had not since worked; and that in addition to his support payments under the divorce decree, his former wife had, since his disability, received a total of $1,394.70 in Social Security benefits for the children, none of which she credited toward the father's obligation under the decree.
The trial court entered judgment relieving the father from further support payments for the older child but ruling that he was not entitled to an accounting as to the Social Security disability benefit payments nor to any credit for such payments toward his support obligation under the decree. Error is assigned upon such denial of accounting and credit in that judgment and upon denial of his motion for new trial upon the general grounds.
The legal issue now before us is one of first impression for the reviewing courts of this state.
Social Security disability payments represent money which an employee has earned during his employment and also that which his employer has paid for his benefit into a common trust fund under...
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