Wiley v. Wiley, 34525
| Decision Date | 07 March 1979 |
| Docket Number | No. 34525,34525 |
| Citation | 243 Ga. 271,253 S.E.2d 750 |
| Parties | WILEY v. WILEY. |
| Court | Georgia Supreme Court |
Reinhardt, Whitley, Simpson & Rogers, Ralph F. Simpson, Glenn Whitley, Tifton, for appellant.
Walters, Davis, Ellis & Smith, Rick F. Ellis, Ocilla, for appellee.
The parties, formerly husband and wife, were divorced by decree on September 8, 1977. A contract of settlement executed by the parties on August 5, 1977, was approved by the court and incorporated into and made a part of the final decree.
Items 2 and 3 of that agreement required the husband to pay to the wife $75 per month per child for the support of the parties' two minor children until they reached eighteen years of age, married or became self-supporting and made him responsible for their medical expenses. Item 4(a) provided alimony for the wife as follows: (R-9-10)
Item 4(b) required the husband to make available to the wife use of the family home "for as long as the wife remains unmarried or until she dies or until child support ceases . . ." Item 4(c) required the husband to make payments on the wife's car until "the death of the husband or upon the death or marriage of the wife."
The appellee wife remarried. The appellant husband discontinued making alimony payments pursuant to paragraph 4(a). Because of the husband's refusal to pay amounts allegedly due, the wife brought an action for contempt, contending that the amounts due were in the nature of child support and did not terminate upon her remarriage.
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Strealdorf v. C.I.R.
...agreement specifically obligated him to make "alimony" payments after her remarriage. Our dissenting brother relies on Wiley v. Wiley, 243 Ga. 271, 253 S.E.2d 750 (1979), a case in which the Georgia Supreme Court briefly discussed this issue in a similar context. The Wiley divorce decree sp......
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Henry v. Commissioner, Docket No. 9103-80
...v. Woodward, 245 Ga. 550, 266 S.E. 2d 170, 171 (1980); Taylor v. Taylor, 243 Ga. 506, 255 S.E. 2d 32, 33 (1979); Wiley v. Wiley, 243 Ga. 271, 253 S.E. 2d 750, 751 (1979); Vereen v. Arp, supra. Mrs. Henry remarried in 1975; therefore, under Georgia law, Mr. Strealdorf had no legal obligation......
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Fisher v. Fredrickson
...remarriage. The decree in this case was entered on [June 12, 1987]. Therefore, it is controlled by the rationale of Wiley v. Wiley, 243 Ga. 271 (253 SE2d 750) (1979). That rationale is that the trial court must construe the alimony obligation to determine whether the parties have "provided ......
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Crosby v. Tomlinson, S93A1594
...to permanent alimony obligations created after June 25, 1987. As to obligations created prior to that time, the rule of Wiley v. Wiley, 243 Ga. 271, 253 S.E.2d 750 (1979), continues to The trial court in this case correctly recognized that the alimony obligation at issue was created in 1985......