Pearce v. Pearce, 35036
| Citation | 244 Ga. 69,257 S.E.2d 904 |
| Decision Date | 18 July 1979 |
| Docket Number | No. 35036,35036 |
| Parties | PEARCE v. PEARCE. |
| Court | Georgia Supreme Court |
J. Robert Joiner, Albany, for appellant.
Mary Walton Whiteman, Decatur, for appellee.
The father and mother in this contempt action agreed at the time of their divorce (Emphasis supplied.) One year later, the children decided to live with the father. The mother began paying child support in accordance with their divorce agreement and decree. In January, she terminated her payments, and the father filed this contempt action. She appeals from the trial court's order finding her in contempt. We affirm.
The wife's argument that the divorce decree cannot be modified without a proper court proceeding, while true, is of no avail to her here. The original divorce decree included the possibility that her children might choose to live with their father and that she would then be obligated for their support. She is bound by its terms until it is appropriately modified by a court order. Nor is there any merit in her argument that she is not in wilful contempt because she discontinued the payments on her attorney's advice.
Judgment affirmed.
All the Justices concur.
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