Lowe v. Lowe
Lowe v. Lowe
Opinion of the Court
This is a dispute over when child support payments terminate. It grows out of a divorce and alimony suit in 1965 involving two minor children then aged 7 years and 4 years. A handwritten jury verdict provided, "We find support for the minor children of the parties as follows:
The judgment entered on the verdict provided, ". . . that payment of child support as herein provided shall be made by Defendant to Plaintiff at the rate of $50.00 per month for each of said minor children, and such payment for each of said children shall continue until such child becomes self-supporting, marries, or attains the age of twenty-one years.” In 1978, upon motion of the wife, the court ordered that the judgment be corrected for clerical error to conform to the verdict and show, "that the defendant is to pay to the plaintiff the sum of $100.00 per month until the last child reaches 21 years of age.” We find no error. Code Ann. § 81A-160 (g). The verdict awarded a lump sum as monthly child support and it cannot be prorated. Blalock v. Blalock, 214 Ga. 586 (4) (105 SE2d 721) (1958); Arnold v. Arnold, 236 Ga. 594 (1) (225 SE2d 30) (1976).
Judgment affirmed.
070rehearing
On Motion for Rehearing.
Rude v. Rude, 241 Ga. 454 (246 SE2d 311) (1978) is inapposite. That was a custody case tried without a jury and the complaint was the judge erred in failing to enter findings of fact and conclusions of law. It was held that counsel’s approval of the order showed, ". . . that counsel has seen the proposed order and agrees that it contains what the court orally directed be included in it. . . After
Motion for rehearing denied.
Reference
- Full Case Name
- LOWE v. LOWE
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- 3 cases
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- Published