Summary
In Moser v. Ehrman, 244 Ga. 112 (259 S.E.2d 634) (1979) the Supreme Court held that the father's reliance on a written agreement between the parties, unsanctioned by the court, was yet sufficient to constitute "justifiable cause" for his failure to make such payments within the meaning of Code § 74-405.
Summary of this case from Burch v. TerrellOpinion
34816.
ARGUED JUNE 11, 1979.
DECIDED SEPTEMBER 6, 1979.
Certiorari to the Court of Appeals of Georgia — 148 Ga. App. 857 ( 253 S.E.2d 216) (1979).
Holland Holland, Nancy S. Holland, Donald V. Holland, for appellant.
M. Robert Thornton, for appellee.
We affirm the holding of the Court of Appeals that the father's reliance on the written agreement relieving him of child support payments constituted "justifiable cause" within the meaning of Code Ann. § 74-405 (a)(2). Meredith v. Meredith, 238 Ga. 595 ( 234 S.E.2d 510) (1977); Daniel v. Daniel, 239 Ga. 466 ( 238 S.E.2d 108) (1977); Crist v. Crist, 243 Ga. 796 (1979); Wiles v. Brothers, 138 Ga. App. 616 (1) ( 226 S.E.2d 805) (1976); and Richey v. Cothran, 140 Ga. App. 580 ( 231 S.E.2d 572) (1976).
Judgment affirmed. All the Justices concur.