Wood v. Wood
| Decision Date | 19 November 1987 |
| Docket Number | No. 44477,44477 |
| Citation | 361 S.E.2d 819,257 Ga. 598 |
| Parties | WOOD v. WOOD. |
| Court | Georgia Supreme Court |
William L. Skinner, Decatur, for Donald Harris Wood.
Judith M. Alembik, Alembik & Alembik, Atlanta, for Frances Ladonna Wood.
We granted appellant Donald Wood's discretionary application to review two portions of a jury's verdict in the parties' divorce action. We affirm the portion of the verdict that requires an automatic increase in alimony and reverse the portion of the verdict that requires the appellant to pay child support beyond his son's 18th birthday.
1. The verdict requires the appellant to pay appellee Frances Wood $100 per week as child support for their son Patrick and $100 per week as alimony. The verdict further provides that upon termination of the child support obligation, the alimony is to increase to $150 per week.
Cabaniss v. Cabaniss, 251 Ga. 177, 178, 304 S.E.2d 65 (1983). The appellant argues that the future modification is not contingent upon a specified change in his "income." We do not restrict Cabaniss to such a narrow meaning. The moment the child support obligation terminates, the appellant's financial status will be improved by $100 per week. We find no error.
2. The verdict requires the appellant to support Patrick until his 18th birthday, "unless [he] attends college or vocational school in which event the child support shall continue so long as [he] remains in school but in no event beyond his 23rd birthday."
Prior to 1972 most minors could complete or come very close to completing any vocational or college education before their 21st birthday, but in 1972, the age of majority was changed from 21 to 18, Ga.Laws 1972, p. 193; OCGA § 39-1-1, making it impossible for some children to complete their high school education much less any vocational or college education before their 18th birthday.
Because it is the joint and several duty of parents to provide for the maintenance, protection, and education of their minor children, OCGA § 19-7-2, a trial court has the jurisdiction to include in a divorce decree provisions for education, including college, during minority. Jenkins v. Jenkins, 233 Ga. 902, 214 S.E.2d 368 (1975). Courts also have the power to enforce divorce agreements between the parents in which one or both parents agree to pay all or part of their children's educational expenses even after the children's 18th birthday. McClain v. McClain, 235 Ga. 659,...
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Wilson v. Wilson
...specified change in an income source or an obligation. Howard v. Howard, 262 Ga. 144, 145(2), 414 S.E.2d 203 (1992); Wood v. Wood, 257 Ga. 598, 599(1), 361 S.E.2d 819 (1987). We do not know of any reason why a specific change in Wife's employment status cannot constitute such a contingency.......
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Jarrett v. Jarrett
...an adjustment provision does not preclude either party from seeking modification under OCGA § 19-6-19(a). See also Wood v. Wood, 257 Ga. 598, 599(1), 361 S.E.2d 819 (1987); Cabaniss v. Cabaniss, 251 Ga. 177, 178(1), 304 S.E.2d 65 (1983); Golden v. Golden, 230 Ga. 867(2), 199 S.E.2d 796 Base......
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...In Georgia, a court may not require a parent to pay college expenses for a child who is 18 years old or older. Wood v. Wood, 257 Ga. 598, 361 S.E.2d 819, 821 (1987).¶ 10 Here, the original judgment for dissolution was entered in Georgia without any provision for the payment of college expen......
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West v. West, 1834
...1 Under Georgia law, child support ends when the child becomes eighteen unless specifically agreed otherwise. See Wood v. Wood, 257 Ga. 598, 361 S.E.2d 819 (1987).2 A family court judge may require a parent to contribute that amount of money necessary to enable a child over 18 to attend hig......