Hulett v. Sutherland
Hulett v. Sutherland
Opinion of the Court
We granted Cindy Hulett’s application to appeal the trial court’s denial of her motion for an upward modification of child support. Because the trial court erroneously considered and relied upon evidence that contradicted the factual findings in the final judgment, we reverse and remand.
Cindy Hulett and Donald Sutherland were divorced in 1997 and the final decree and judgment of divorce incorporated their settlement agreement. The parties agreed to joint legal custody of their four-year-old daughter, with Hulett having primary physical custody, and Sutherland paying $450 per month in child support. The final decree states that the “court finds as follows: the gross income of [Sutherland] is approximately $4,000 per month.” The decree also found the existence of several special circumstances, including that Sutherland would pay for the daughter’s private school tuition through high school, and ordered a downward departure from the guidelines to award $450 per month in child support, the amount agreed upon by the parties.
In 2002, Hulett brought a petition for upward modification of child support based on Sutherland’s increased income and the fact that their daughter was no longer in private school; Sutherland counterclaimed and sought a downward modification. At the hearing on
OCGA § 9-12-40 provides that “[a] judgment. . . shall be conclusive between the same parties . . . as to all matters put in issue . . . until the judgment is reversed or set aside.” Divorce decrees are no exception to this rule.
Judgment reversed and case remanded.
See Cotton v. Cotton, 272 Ga. 276, 277 (528 SE2d 255) (2000).
See Perry v. Perry, 213 Ga. 847, 852 (102 SE2d 534) (1958) (modification authorized by-showing change in income or financial status).
Reference
- Full Case Name
- HULETT v. SUTHERLAND
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- 2 cases
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- Published