Thomasv.Thomas

Supreme Court of GeorgiaFeb 17, 1976
236 Ga. 311 (Ga. 1976)
236 Ga. 311223 S.E.2d 691

30766.

SUBMITTED JANUARY 29, 1976.

DECIDED FEBRUARY 17, 1976.

Contempt. DeKalb Superior Court. Before Judge Peeler.

Moulton, Carriere, Cavan Maloof, J. Wayne Moulton, for appellant.

Hicks, Huddleston Medori, H. Martin Huddleston, for appellee.


Where under the divorce decree the mother is the custodial parent and the father is obligated to pay $200 per month per child as child support, he may not unilaterally reduce the support payment by any amount even though one child subsequently decides to begin living with him and in doing so is in fact supported by him. The trial court did not err in holding the father in contempt in these circumstances. Roberts v. Roberts, 231 Ga. 370, 200 ( 202 S.E.2d 57) (1973); Combs v. Combs, 216 Ga. 715, 716 ( 119 S.E.2d 341) (1975). See Edwards v. Edwards, 235 Ga. 199, 200 ( 219 S.E.2d 117) (1975). Cf. Peacock v. Peacock, 212 Ga. 401, 402 ( 93 S.E.2d 575) (1956). The advent of this child's 18th birthday is without significance to the result here. Jenkins v. Jenkins, 233 Ga. 902 ( 214 S.E.2d 368) (1975); Choquette v. Choquette, 232 Ga. 759 ( 208 S.E.2d 848) (1974).

There is no merit to the father's claim that the living expense he furnished this child over and above the educational expenses he was required by the decree to meet should be a set-off against the arrearage in child support due the mother. Adams v. Adams, 225 Ga. 375, 377 ( 169 S.E.2d 160) (1969). The father is not being subjected to any double liability — he is voluntarily paying expenses for which he is not legally obligated under the decree, which does not require him to pay the child's "board" while at college.

The contempt judgment was authorized, and the award of attorney fees to the mother under Code Ann. § 30-219 was proper.

Judgment affirmed. All the Justices concur.

SUBMITTED JANUARY 29, 1976 — DECIDED FEBRUARY 17, 1976.