Gary v. Gowins

The trial court could not hold a father in contempt for failing to pay child support under a private settlement agreement prior to its incorporation into an April 2005 court judgment.

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We granted certiorari in this case to determine whether the Court of Appeals erred by concluding that the trial court had authority to consider holding a parent in contempt for failing to make child support payments which accrued under a settlement agreement prior to the date the agreement was incorporated into a court judgment. See Gowins v. Gary , 284 Ga. App. 370 643 SE2d 836 2007. For the reasons that follow, we find that the trial court in this case was without authority to hold the parent in contempt of court and we reverse. Appellee Diana Gowins and appellant W.Gary are the parents of twins born in 2000. The parties, who were not married to each other, entered into a July 2002 settlement agreement placing sole legal custody of the children with Gowins and obligating Gary to pay, inter alia, child support in the amount of $14,000 per month per child. In July 2004 Gowins filed a complaint for paternity and child support asking the court to incorporate the settlement agreement into its final judgment. Gary answered and sought to set aside the settlement agreement, arguing that he agreed to pay child support in the amount of $14,000 per month for both children, not $14,000 per month for each child.

In an April 2005 order, the trial court rejected Gary’s claim of mutual mistake, incorporated the agreement into the final judgment, and ordered Gary to pay child support of $14,000 per month per child. Gary filed a motion for new trial and sought clarification regarding whether the judgment required him to pay back child support. To the extent the court’s judgment may have included such an award, he alleged it was contrary to law. The court denied Gary’s motion in an order specifically stating that no award of back child support had been granted in the final judgment.

Gary v. Gowins

The trial court could not hold a father in contempt for failing to pay child support under a private settlement agreement prior to its incorporation into an April 2005 court judgment.

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