Spadea v. Spadea
Spadea v. Spadea
Opinion of the Court
This case involves an appeal from a judgment of DeKalb Superior Court holding the defendant in contempt for failure to comply with previous orders of the court requiring him to pay alimony and child support to the plaintiff. The plaintiff filed suit for a divorce against the defendant in DeKalb Superior Court on December 15, 1965. The defendant filed a timely answer and cross action, thus submitting himself to the jurisdiction of the court. On January 19, 1966, the court passed an order which, among its other provisions, fixed temporary alimony to be paid by the defendant for support of the plaintiff and the two minor children of the parties at $90 per week. Subsequently before any final decree was entered in the case the defendant removed to the State of Florida and filed suit for divorce there procuring service by publication on the plaintiff who made no appearance therein. On January 31, 1967, a final decree of divorce in favor of the defendant here was rendered by the Circuit Court in Florida, and on February 7, 1967, a final decree based upon a jury verdict was rendered in the Superior Court of DeKalb County granting a divorce to the plaintiff and a judgment for accrued alimony to the date thereof in the amount of $3,207.33 and awarding the plaintiff child support in the amount of $50 per week for each child. On November 22, 1967, the plaintiff filed an application for a rule for contempt against the defendant and for other relief in the Superior Court of DeKalb County. This application, as amended, after several continuances, came on for a final hearing before a judge of the DeKalb Superior Court on July 25, 1968, at which time the defendant was adjudged in contempt and in arrears in the amount of $7,832.33 under the aforesaid final order as of March 31, 1968. The appeal is from that judgment.
The appellee has filed a motion to dismiss the appeal on the ground that the notice of appeal was not filed in due time. The judgment appealed from was rendered July 25, 1968. The
The full faith and credit clause of the U. S. Constitution (Art. IV, Sec. I; Code § 1-401) requires the courts of this State to give effect to a divorce granted in a sister State when the same is properly proved in a proceeding in which it may be relevant in this State. The plaintiff, in her application, conceded the fact of the rendition of the Florida divorce decree and, it not being attacked in any way for lack of jurisdiction in the Florida court which rendered it, or for any other reason, its validity will be recognized by the Georgia courts. However, “full faith and credit under the Constitution of the United States does not demand that support and maintenance due the wife under an order of the courts of Georgia cease when a valid divorce is granted between the parties in another State. See in this connection Estin v. Estin, 334 U. S. 541 (68 SC 1213, 92 LE 1561). Therefore, we must look to the laws of Georgia to determine this question.” Meeks v. Meeks, 209 Ga. 588, 591 (4) (74 SE2d 861).
The case last cited was decided before the passage by the legislature of the Act approved March 24, 1965 (Ga. L. 1965,
The action in which the plaintiff sought alimony was commenced in DeKalb County at a time when the defendant was a resident thereof. As already stated, he appeared and filed defensive pleading in the action thus submitting himself to the court’s jurisdiction in DeKalb County. DeKalb Superior Court, having once acquired personal jurisdiction over the defendant in the divorce and alimony action, did not lose it so long as
No question is presented by the appeal before this court as to the correctness of the trial court’s computations. Only the authority of the court to enforce the payment of any alimony and child support at all covering any period of time subsequent to the rendition of the Florida divorce decree is drawn in question, and under the authority of the 1965 Act set forth above, we hold that the court did have jurisdiction to award permanent support for the minor children of the parties. It likewise being undisputed that the defendant was in arrears under the judgment sought to be enforced the trial court did not err in holding him in contempt and in requiring him to pay $7,832.33 in order to purge himself of the contempt.
Judgment affirmed.
070rehearing
On Motion! for Rehearing.
Appellant contends that this court in rendering its decision overlooked the provisions of § 2 of the 1965 Act (Ga. L. 1965, pp. 263, 264; 'Code Ann. § 30-227) which reads as follows: “The procedure herein provided for shall not be available for the support of any child or children whose custody and support was legally adjudicated in the foreign court, unless custody of such child or children shall subsequently be awarded to the wife by a court having jurisdiction of the parties.” We did not overlook this provision of the law which is an integral part of the Act upon which our ruling was chiefly based. It is true that the decree which the defendant obtained
Rehearing denied.
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