Henry v. Henry
Henry v. Henry
070rehearing
On Rehearing.
Where there is a divorce between a husband and wife, the common law duty of support ceases (Wallace v. Wallace, 61 Ga. App. 789, 791 (7 SE2d 604)) and a decree for alimony creates a relationship of debtor and creditor between the parties. Lenett v. Lutz, 215 Ga. 369, 370 (110 SE2d 628). However, “an alimony judgment in its usual and accepted form not only adjudges that the husband is liable for the continued support of his wife, and the amount of such support, but, unlike ordinary judgments for money, goes further and expressly commands the husband to pay said sums to the wife. See 2 Schouler on Marriage, Divorce, etc., § 1835; 2 Bishop on Marriage, Divorce, etc., § 1715; McIntyre’s Georgia Forms, 844. Cf. Code, § 30-117. Accordingly, a failure to pay the amounts fixed by such judgment is not a mere omission to pay sums adjudicated to be due, but constitutes a violation of the express order of the court that the defendant pay said sums to the wife, . . .
Judgment reversed.
Opinion of the Court
Under the Uniform Reciprocal Enforcement of Support Act, a judge of the superior court of this state may enforce the “duty of support” as defined in Part 1, Sec
Judgment reversed.
Reference
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