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COTE v. WALDROP

Supreme Court of Georgia
Jan 24, 1994
438 S.E.2d 630 (Ga. 1994)

Opinion

S93A1951.

DECIDED JANUARY 24, 1994.

Domestic relations. Cobb Superior Court. Before Judge Hicks, Senior Judge.

Custer Hill, Douglas A. Hill, for appellant.

Elizabeth M. Leonard, Susan A. Hurst, for appellee.


The parties to this appeal were divorced in December 1986. The trial court, upon consideration of Waldrop's June 1992 petition for a modification of child support, applied OCGA § 19-6-15 (e) so as to require Cote to provide support to the couple's minor child until the child completes high school, but not later than the child attaining age 20. It is uncontroverted that the child achieved her majority in November 1993 and, in the regular course of schooling, should graduate from high school in June 1994.

This case is controlled by our holding in Honey v. Honey, 263 Ga. 722 ( 438 S.E.2d 87) (1994), in which we concluded that "the plain language of [OCGA] § 19-6-15 (f) itself precludes a divorce decree entered before July 1, 1992 from being modified under [OCGA] § 19-6-15 (e) and (f)." Because the parties' divorce decree was entered in 1986, the trial court erred by applying OCGA § 19-6-15 to modify Cote's child support obligation. This holding renders it unnecessary for this Court to address Cote's constitutional challenge to the statute.

Judgment reversed. All the Justices concur.


DECIDED JANUARY 24, 1994.


Summaries of

COTE v. WALDROP

Supreme Court of Georgia
Jan 24, 1994
438 S.E.2d 630 (Ga. 1994)
Case details for

COTE v. WALDROP

Case Details

Full title:COTE v. WALDROP

Court:Supreme Court of Georgia

Date published: Jan 24, 1994

Citations

438 S.E.2d 630 (Ga. 1994)
263 Ga. 752

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