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Lawskills.com Georgia Caselaw
ALLEN v. ALLEN.
26860.
NICHOLS, Justice.
Child support. Cobb Superior Court. Before Judge Hames.
On August 25, 1956, LaVeta Craig Allen married Buddy Gene Allen. On September 6, 1956, she filed an action for divorce in Knox County, Tennessee. The complaint alleged that a child was expected to be born of such marriage in March 1957. A property and alimony settlement was entered into between the parties and the final decree stated in part: "The court further finds that the parties entered into a full and complete property and alimony settlement agreement whereby the defendant will pay the expenses of the birth of the child, and the complainant will thereafter support said child, and from all the facts and circumstances the court finds that this is a fair and reasonable settlement and therefore the court is pleased to and doth approve the same . . . It is further ordered, adjudged and decreed by the court that the custody of the minor child of the parties be vested with the complainant solely and absolutely at the birth of said child."
On March 5, 1971, LaVeta Craig Allen filed the present complaint in which she sought a money judgment for support furnished by her for such child since his birth. The defendant filed his answer and thereafter moved for a summary judgment. Attached to the motion for summary judgment were the pleadings and judgment in the divorce action between the parties. The trial court overruled the motion for summary judgment and certified such judgment for immediate review. Held:
2. Where, however, a property and alimony settlement is entered into between the parties to the divorce and such agreement is approved by the court, and where the wife by the terms of such agreement is given full and complete custody of the child and is bound to support such child, she is barred from filing an original action to seek reimbursement from the father for support furnished the child. See Garrett v. Garrett, supra, headnote 2.
3. The trial court erred in not granting the father's motion for summary judgment.
Howard, Howard & Hall, William V. Hall, Jr., for appellee.
William R. Parker, for appellant.
ARGUED DECEMBER 14, 1971 -- DECIDED JANUARY 6, 1972.
Friday May 22 14:19 EDT


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