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Kinsey v. Kinsey

Court of Appeals of Georgia
Nov 8, 1967
158 S.E.2d 684 (Ga. Ct. App. 1967)

Opinion

43180.

SUBMITTED NOVEMBER 6, 1967.

DECIDED NOVEMBER 8, 1967.

Complaint. DeKalb Superior Court. Before Judge Dean.

Marvin G. Russell, Turner Paschal, for appellant.

Larry W. Thomason, for appellee.


The sole question for decision is whether the provision in an agreement by a husband for the payment of a stipulated sum or a percentage of his gross monthly income, whichever might be greater, as child support, the contract having been incorporated in and made a part of a subsequent divorce decree, applies to the amount of his income before or after deduction of business expenses. This was settled by the Supreme Court in Holland v. Holland, 222 Ga. 467 ( 150 S.E.2d 673) to mean the husband's "entire earnings . . . without deduction of expenses incurred."

Consequently, a contrary ruling by the trial court was error, and the judgment based thereon must be

Reversed. Felton, C. J., and Hall, J., concur.

SUBMITTED NOVEMBER 6, 1967 — DECIDED NOVEMBER 8, 1967.


Summaries of

Kinsey v. Kinsey

Court of Appeals of Georgia
Nov 8, 1967
158 S.E.2d 684 (Ga. Ct. App. 1967)
Case details for

Kinsey v. Kinsey

Case Details

Full title:KINSEY v. KINSEY

Court:Court of Appeals of Georgia

Date published: Nov 8, 1967

Citations

158 S.E.2d 684 (Ga. Ct. App. 1967)
116 Ga. App. 627