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Lawskills.com Georgia Caselaw
HAYWARD v. LAWRENCE.
40456.
CLARKE, Justice.
Contempt. Fayette Superior Court. Before Judge Miller.
Former wife appeals. We reverse.
The only vagueness in the above provision arises from the use of the word "or." We have held that "and" may be substituted for "or" in order to effectuate the intention of the parties. Reynolds v. Wingate, 164 Ga. 317 (138 SE 666) (1927); Tennell v. Ford, 30 Ga. 707 (1860). A review of the transcript of the contempt hearing reveals that the appellee always intended to contribute to a college education for the children. Since it is unlikely that a very long period of college attendance would occur before age eighteen, the provision would be meaningless unless it contemplated support so long as a child who had attained the age of eighteen remained in school. We further construe the phrase "full time student" to mean continuous attendance during the normal school year. We therefore reverse and remand for further hearing on the question of appellant's entitlement to child support under this provision of the agreement.
Jack L. Park, Jr., Owen J. Adams, for appellee.
Carlisle & Newton, John T. Newton, Jr., for appellant.
DECIDED FEBRUARY 28, 1984 -- REHEARING DENIED MARCH 28, 1984.
Thursday May 21 18:14 EDT


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