Weaver v. Jones, S90A0671
| Decision Date | 18 October 1990 |
| Docket Number | No. S90A0671,S90A0671 |
| Citation | 396 S.E.2d 890,260 Ga. 493 |
| Parties | WEAVER v. JONES. |
| Court | Georgia Supreme Court |
Glenville Haldi, Atlanta, for Weaver.
Jesus A. Nerio, Atlanta, for Jones.
When the parties were divorced, the decree, based on an agreement between the parties, awarded custody of the parties' son to Jones, the mother, and provided that Weaver, the father, would pay child support. The decree also provided that if the son "elects to live with the Husband when he attains the age of fourteen (14) years, the Wife shall pay the child support" which Weaver was to pay to her while the son resided with her. The parties' son did elect to live with Weaver, but Jones never paid any child support. After his son reached the age of 18, Weaver sought to recover from Jones the child support he contended was due for the time their son lived with him. Jones filed an action for declaratory judgment to ascertain her duties under the decree. The trial court found that since there had been no judicial action to modify the original decree which gave permanent custody of the child to Jones, custody had never changed to Weaver and, consequently, Jones never had an obligation to pay child support. We granted Weaver's application for discretionary appeal to address these questions: whether a declaratory judgment action is the proper vehicle for seeking construction of a divorce decree; if so, whether the judgment rendered in such an action is directly appealable or requires an application; and whether the trial court in the present case properly found the decree vague and properly construed it.
1. "A declaratory judgment is an appropriate means of ascertaining one's rights and duties under a contract and decree of divorce." Bache v. Bache, 240 Ga 3(2), 239 S.E.2d 677 (1977). See also Royal v. Royal, 246 Ga. 229, 271 S.E.2d 144 (1980).
2. OCGA § 5-6-35 requires applications for appeal in "divorce, alimony, child custody and other domestic relations cases ..." The present action involves a divorce decree and child custody and is clearly a domestic relations case. It follows, then, that an application for discretionary appeal was the proper means of bringing this appeal to this court. The fact that the particular vehicle used to obtain the judgment was an action for declaratory judgment makes no difference because the subject matter was domestic relations and the judgment is one entered in a domestic relations case. See generally Horton v. Kitchens, 259 Ga. 446(2), 383 S.E.2d 871 (1989).
3. The trial court's decision...
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Torres v. Torres
...Although declaratory judgments can be used to establish parties’ rights and obligations under divorce decrees, Weaver v. Jones , 260 Ga. 493, 493 (1), 396 S.E.2d 890 (1990), it does not appear in this case that the wife or the trial court invoked the Declaratory Judgment Act ( OCGA § 9-4-1 ......
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Scott v. Scott, S02A1909.
...to address whether a self-executing change of custody provision in the Scotts' divorce decree was permissible under Weaver v. Jones, 260 Ga. 493, 396 S.E.2d 890 (1990) and Pearce v. Pearce, 244 Ga. 69, 257 S.E.2d 904 (1979). For the reasons that follow, we find that the automatic custody ch......
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Torres v. Torres
... ... used to establish parties' rights and obligations under ... divorce decrees, Weaver v. Jones , 260 Ga. 493, 493 ... (1) (396 S.E.2d 890) (1990), it does not appear in this case ... ...
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Acevedo v. Kim, S08A0798.
...v. United Services Auto. Association, 130 Ga.App. 357, 203 S.E.2d 304 (1973).6 2. In 1990, this Court answered the first question in Weaver v. Jones.7 In Weaver, the final decree of divorce provided for the wife to have custody and the father to pay child support. It included a provision al......
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Domestic Relations - Barry B. Mcgough and Gregory R. Miller
...372, 578 S.E.2d at 877. 37. Id. at 372-73, 578 S.E.2d at 877-78. 38. O.C.G.A. Sec. 19-9-1(b) (1999); O.C.G.A. Sec. 19-9-3(b) (1999). 39. 260 Ga. 493, 396 S.E.2d 890 (1980). 40. Id. at 494, 396 S.E.2d at 891. 41. 244 Ga. 69, 257 S.E.2d 904 (1979). 42. Id. at 70, 257 S.E.2d at 905. 43. Scott,......