Taulbee v. Taulbee

4 Citing cases

  1. In re Ackley

    186 B.R. 1005 (Bankr. N.D. Ga. 1994)   Cited 1 times
    Noting that the structure of a provision — whether payment is lump sum or periodic, method of payment, terms of payment, amount of payment, whether payment is modifiable, and whether payment is subject to contingencies — is an important element in determining whether the provision is one for support or a property division

    Further, he claims that the award's structure in providing for periodic payments until a stated sum certain is paid has consistently been held under Georgia law to be a property settlement. See Taulbee v. Taulbee, 243 Ga. 52, 252 S.E.2d 481 (1979). In addition, Plaintiff contends that an intent to settle property rights is expressed when such payments, as in this case, continue irrespective of death or remarriage.

  2. Rivera v. Rivera

    283 Ga. 547 (Ga. 2008)   Cited 8 times
    Holding the jury's identification of the award as "periodic" alimony did not control determination as to whether award was periodic or lump sum

    ]" Nash v. Nash, supra at 750 (1). See also Taulbee v. Taulbee, 243 Ga. 52, 53 ( 252 SE2d 481) (1979); Dan E. McConaughey, Ga. Divorce, Alimony and Child Custody § 16-6, p. 689 (2007-2008 ed.). In this case, application of either rule shows as a matter of law that the obligation which Appellant seeks to modify constitutes lump sum alimony.

  3. Nash v. Nash

    244 Ga. 749 (Ga. 1979)   Cited 12 times
    In Nash v. Nash, 244 Ga. 749, 262 S.E.2d 64 (1979), the Georgia Court considered the question now before us. The Nash decree provided that the wife be paid $700.00 per month permanent alimony, to be paid monthly for eighty-four (84) months.

    One-time payments, whether alimony, payments of corpus or divisions of the separate property of the parties, are not subject to revision under Code Ann. § 30-220. Taulbee v. Taulbee, 243 Ga. 52 ( 252 S.E.2d 481) (1979). Only periodic payments of permanent alimony are subject to revision under Code Ann. § 30-220; divisions of property and periodic payments from the corpus of the payor's estate are not revisable.

  4. Lyons v. Lyons

    261 S.E.2d 395 (Ga. 1979)   Cited 4 times

    This is clearly an award of lump sum alimony and is not subject to modification under Code Ann. § 30-222. Taulbee v. Taulbee, 243 Ga. 52 ( 252 S.E.2d 481) (1979). Title to the home is in the husband.