Roberson v. Roberson
Roberson v. Roberson
Opinion of the Court
In a divorce action by Mrs. Bernice Dixon Roberson against Julian M. Roberson, a final decree was entered upon the verdict, granting a divorce between the parties, awarding the four minor children of the marriage to the plaintiff, and requiring the defendant to pay
1. After a verdict and decree in a proceeding for divorce and alimony, awarding alimony in a stated amount to the wife for the support of herself and the children, the decree passes beyond the discretionary control of the trial judge, and he has no authority afterwards either to abrogate it or to modify its terms. Gilbert v. Gilbert, 151 Ga. 520 (107 S. E. 490); Estes v. Estes, 192 Ga. 100 (14 S. E. 2d 680).
2. A final alimony decree awarding a given sum of money for the support of the wife and one child cannot be construed as awarding one-hálf of the amount in severalty to each. Crouch v. Crouch, 140 Ga. 76 (78 S. E. 408). The final decree in. the. instant case, which fixed the alimony for the wife and children, provided that the sum of $20 should be paid each week by the father “until all of said children being [become] self-supporting.” This decree is not ambiguous and requires no construction. By its terms, the father is required to pay the sum pf $20 per week until all of the children become self-supporting. The decree speaks for itself, and under our rules of practice there is no provision for a proceeding to construe or modify its terms. Carswell v. Shannon, 209 Ga. 596 (1) (74 S. E. 2d 850). The response of the defendant did
Judgment reversed.
Concurring Opinion
concurring specially. We concur in the judgment of reversal because of the erroneous construction of the alimony decree, but we do not think it follows that the defendant husband should have been adjudged in contempt of court. Under the facts of this case, as disclosed by the record, the failure to pay the full amount called for by the decree was in good faith upon advice of counsel for the plaintiff, and was not the act of one wilfully defying the decree of the court. Corriher v. McElroy, 209 Ga. 885 (76 S. E. 2d 782).
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