Opinion
47504.
ARGUED SEPTEMBER 7, 1972.
DECIDED OCTOBER 17, 1972.
Action on foreign judgment. Cherokee Superior Court. Before Judge Burtz.
Rose M. Higby, for appellant.
Cotton, Katz White, Richard Katz, for appellee.
The defendant ex-husband appeals from the grant of summary judgment in favor of the plaintiff ex-wife in her action on a New York judgment for past due alimony payments. Held:
Even assuming that the original alimony agreement is invalid for any of the reasons asserted by the defendant's answer, the undisputed facts show a ratification of the agreement by the defendant, while represented by counsel, by his subsequent payments thereunder and his incorporation of the agreement in a Mexican divorce decree which he obtained. Brooks v. Hooks, 221 Ga. 229, 235 ( 144 S.E.2d 96); Camp v. Hatcher, 119 Ga. App. 63 ( 166 S.E.2d 422). The balance of payments due is shown by the evidence; the defendant's remedy for reducing the amount of his obligation is the revision of the alimony judgment pursuant to Code Ann. § 30-220 (Ga. L. 1955, pp. 630, 631; Ga. L. 1964, pp. 713, 714).
Therefore, the grant of summary judgment for the wife was not error.
Judgment affirmed. Bell, C. J., concurs. Evans, J., concurs in the judgment only.