Shaw v. Radcliff

Full title: SHAW v. RADCLIFF

Court: Supreme Court of Georgia

Date published: Oct 1, 1974

209 S.E.2d 194 (Ga. 1974)

209 S.E.2d 194

Opinion

29007.

SUBMITTED JULY 12, 1974.

DECIDED OCTOBER 1, 1974.

Contempt. DeKalb Superior Court. Before Judge Hubert.

Richard R. Kirby, for appellant.

Nick Long, for appellee.

GUNTER, Justice.

This appeal is from a judgment in a contempt case. The trial judge did not hold the former husband in contempt of court for failure to make alimony and child support payments. The former wife has appealed.

From a review of the record we conclude that the trial judge did not abuse his discretion by not holding the appellee in contempt. See Martin v. Martin, 209 Ga. 850 ( 76 S.E.2d 390) (1953). We therefore affirm that part of the judgment.

However, the judgment went on to hold that the appellee would not be responsible for further alimony and child support payments. This part of the judgment was erroneous and must be reversed. This court has repeatedly held that the trial judge in a contempt proceeding has no authority to modify the terms of a divorce and alimony judgment. Deese v. Deese, 230 Ga. 105 ( 196 S.E.2d 16) (1973).

Judgment affirmed in part; reversed in part. All the Justices concur.

GUNTER, Justice.

SUBMITTED JULY 12, 1974 — DECIDED OCTOBER 1, 1974.