Ritchea v. Ritchea, 35300
Decision Date | 16 October 1979 |
Docket Number | No. 35300,35300 |
Citation | 244 Ga. 476,260 S.E.2d 871 |
Parties | RITCHEA v. RITCHEA. |
Court | Georgia Supreme Court |
Yancey, Perkins & Barnick, Howard E. Yancey, Jr., Nashville, for appellant.
Elsie H. Griner, Nashville, for appellee.
Appellee-wife's complaint for permanent alimony and child support resulted in a jury verdict in her favor, reading in part, as follows:
" . . . Plaintiff to be made beneficiary of $10,000.00 life insurance policy. Minor son, Mark, to be awarded $50.00 per week effective November 1, 1978, until his eighteenth birthday or if minor child elects to attend college the $50.00 per week to continue until his twenty-first birthday . . . "
The trial court entered its judgment and decree based on that verdict, with the final form reading in part as follows:
Appellant-husband complains that the trial court erred in denying his motion for new trial, or in the alternative, in failing to strike from the judgment and decree of the court that portion thereof requiring appellant to support the minor child beyond the age of majority. He also complains that the trial court erred in refusing to strike that portion of the final judgment which he says changed the verdict of the jury in substance with respect to the life insurance policy.
1. Without the consent of the husband-father neither the jury nor the court can require him to support his minor child beyond the child's eighteenth birthday, and an attempt to do so is a nullity. Wilcox v. Wilcox, 242 Ga. 598, 250 S.E.2d 465 (1978). Code Ann. § 74-104. Coleman v. Coleman, 240 Ga. 417, 240 S.E.2d 870 (1977); Hall v. Hall, 240 Ga. 28, 239 S.E.2d 356 (1977).
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Hawkins v. Hawkins
...policy for the benefit of Ms. Hawkins. Accordingly, I respectfully dissent. Contrary to the majority opinion, neither Ritchea v. Ritchea, 244 Ga. 476, 260 S.E.2d 871 (1979) nor Andrews v. Whitaker, 265 Ga. 76, 453 S.E.2d 735 (1995) supports the proposition "that a trial court may order a sp......
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Gardner v. Gardner, S94A0222
...238 Ga. 421, 422-423, 233 S.E.2d 151 (1977). See also Lane v. Titus, 259 Ga. 264, 379 S.E.2d 521 (1989). Compare Ritchea v. Ritchea, 244 Ga. 476, 477(2), 260 S.E.2d 871 (1979) (spouse made the beneficiary of a life insurance policy). The rationale of Clavin is not inapplicable in the instan......
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Fulton-DeKalb Hosp. Authority v. Graves
...the damages which may be recovered as the costs of rearing the child. See, OCGA § 39-1-1 (Code Ann. § 74-101); Ritchea v. Ritchea, 244 Ga. 476, 260 S.E.2d 871 (1979). Because I cannot agree with the majority view that public policy dictates the exclusion of these damages, I respectfully dis......
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Tomlinson v. State, A89A1687
...insurance policy for the benefit of a minor child is consequently invalid unless he has agreed to it. However, in Ritchea v. Ritchea, 244 Ga. 476(2), 260 S.E.2d 871 (1979), the Court subsequently upheld a verdict in a divorce case requiring the husband to maintain, as an element of alimony,......