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Pape v. Pape

Supreme Court of Georgia
Feb 22, 1978
242 S.E.2d 584 (Ga. 1978)

Opinion

33293.

SUBMITTED FEBRUARY 10, 1978.

DECIDED FEBRUARY 22, 1978.

Modification of alimony. Pike Superior Court. Before Judge Whalen.

Carlisle Newton, John R. Carlisle, for appellant.

King Dotson, Larry King, for appellee.


Brenda Darnell Pape brought this suit to modify the child support received from her former husband, Earnest Marshall Pape. At the time of their divorce in 1968, he agreed to pay $70 per month per child for the support of their two children. He then earned about $7,500 and his only major asset was the house awarded to his wife in the divorce settlement. Pape now claims to be operating both his nursery and real estate businesses at a loss, but owns a home and 34 acres he values at $103,000 and a part interest in 3 two acre lots, and has a $6,000 savings account. He owes about $70,000, plus child support of $70 a month to his second wife. Pape is now married for the third time. We find there is "some evidence" to support the trial court's upward modification to $120 per month per child. Berkowitz v. Berkowitz, 239 Ga. 1 ( 236 S.E.2d 7) (1977). The judgment is therefore affirmed.

Judgment affirmed. All the Justices concur.


SUBMITTED FEBRUARY 10, 1978 — DECIDED FEBRUARY 22, 1978.


Summaries of

Pape v. Pape

Supreme Court of Georgia
Feb 22, 1978
242 S.E.2d 584 (Ga. 1978)
Case details for

Pape v. Pape

Case Details

Full title:PAPE v. PAPE

Court:Supreme Court of Georgia

Date published: Feb 22, 1978

Citations

242 S.E.2d 584 (Ga. 1978)
242 S.E.2d 584

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