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Gaultney v. Gaultney

Supreme Court of Georgia
Oct 20, 1988
372 S.E.2d 814 (Ga. 1988)

Opinion

46077.

DECIDED OCTOBER 20, 1988.

Modification of child support. Muscogee Superior Court. Before Judge McCombs.

Hagler, Hyles Badcock, Tasca W. Badcock, for appellant.

Lee R. Grogan, for appellee.


The trial court dismissed the former wife's complaint for modification of child support, filed less than two years after the final divorce decree, as violative of OCGA § 19-6-19 (a). In Thorp v. Thorp, 258 Ga. 220 ( 367 S.E.2d 232) (1988), we held that OCGA § 19-6-19 (a) requires a two-year wait for filing a modification petition from a prior modification order, not from the original divorce decree. Accordingly, the complaint was not subject to dismissal.

Judgment reversed. All the Justices concur.


DECIDED OCTOBER 20, 1988.


Summaries of

Gaultney v. Gaultney

Supreme Court of Georgia
Oct 20, 1988
372 S.E.2d 814 (Ga. 1988)
Case details for

Gaultney v. Gaultney

Case Details

Full title:GAULTNEY v. GAULTNEY

Court:Supreme Court of Georgia

Date published: Oct 20, 1988

Citations

372 S.E.2d 814 (Ga. 1988)
372 S.E.2d 814