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Lawskills.com Georgia Caselaw
WALLER v. WALLER; and vice versa.
31237.
31265.
HALL, Justice.
Contempt. Fulton Superior Court. Before Judge Etheridge.
No. 31237.
1. The trial court did not err in holding that where the award of child support is to the children as a group, the transfer of custody of one of the children does not of itself bring about a pro rata reduction in the amount of that support. Edwards v. Edwards, 235 Ga. 199 (219 SE2d 117) (1975). See also Thomas v. Thomas, 236 Ga. 311(223 SE2d 691) (1976).
2. The trial court erred in awarding the appellee attorney fees after finding the appellant not guilty of contempt. See Code 30-219.
3. The other enumerations are without merit.
No. 31265.
1. While there was arrearage owed by the father, we hold that the trial court did not abuse its broad discretion in reaching the conclusion that the father had not wilfully disobeyed its order. Crowder v. Crowder, 236 Ga. 612 (225 SE2d 16) (1976).
2. The trial court erred in reducing the amount of arrearage due under the original decree. Arnold v. Arnold, 236 Ga. 594 (225 SE2d 30) (1976); Edwards v. Edwards, supra; Anderson v. Anderson, 230 Ga. 885 (199 SE2d 800) (1973).
Harris & Martin, James F. Martin, for appellee.
Scott Walters, Jr., for appellant.
SUBMITTED JUNE 7, 1976 -- DECIDED JULY 9, 1976 -- REHEARING DENIED JULY 23, 1976.
Friday January 9 17:31 CST


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