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Lawskills.com Georgia Caselaw
SHEPHERD v. SHEPHERD.
33530.
UNDERCOFLER, Presiding Justice.
Contempt, etc. DeKalb Superior Court. Before Judge Hendon.
354 (206 SE2d 460) (1974); 231 Ga. 257 (200 SE2d 893) (1973). The issue presented here is whether a statement in the divorce decree that "defendant [wife] be awarded no alimony, she having waived hearing as to alimony in the second amendment," amounts to "silence as to alimony" so that a prior alimony award in a separate maintenance action remains in force. Shepherd v. Shepherd, 236 Ga. 425, supra; Tobin v. Tobin, 93 Ga. App. 568 (92 SE2d 304) (1956). The wife's second amendment clearly stated she was not seeking alimony in the divorce case. Therefore, the issue was not relitigated and the alimony award in the separate maintenance action remains in effect. The trial court erred in setting aside the prior orders and fi. fa.'s holding the husband in contempt for failure to make these payments. Woodall v. Woodall, 147 Ga. 676 (95 SE 233) (1917).
B. J. Smith, R. Bradley Egerton, for appellee.
Peek & Whaley, Glenville Haldi, William H. Whaley, for appellant.
SUBMITTED APRIL 28, 1978 -- DECIDED MAY 17, 1978 -- REHEARING DENIED JUNE 29, 1978.
Friday August 29 17:40 CDT


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