Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Gowins v. Gary

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.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In Gowins v. Gary , 284 Ga. App. 370 643 SE2d 836 2007 we considered an appeal from the trial court’s judgment on a petition by Gowins to hold Gary in contempt for wilful failure to make child support payments which accrued under a settlement agreement incorporated into the judgment of the court. We affirmed the trial court’s judgment to the extent the court found Gary in contempt for failure to pay support which accrued under the agreement after it was incorporated into the court’s judgment; reversed the trial court’s judgment to the extent the court found it had no authority to consider whether Gary was in contempt for failure to pay support which accrued under the agreement prior to the date it was incorporated into the court’s judgment; vacated the trial court’s judgment refusing to award interest on the amount of child support enforceable by contempt, and remanded the case for the trial court to reconsider the award of interest. In Gary v. Gowins , 283 Ga. 433 658 SE2d 575 2008, the Supreme Court granted certiorari “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,” and reversed the judgment of this Court on that issue. Accordingly, the judgment of the Supreme Court is made the judgment of this Court. Otherwise, the judgment of this Court in Gary , 284 Ga. App. 370 remains unchanged. Judgment affirmed in part, vacated in part, and case remanded with direction. Ellington and Adams, JJ., concur.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
Director of Legal Affairs

WittKieffer is proud to partner with Mom's Meals in the search for their Director of Legal Affairs. Mom's Meals is an investor-owned compan...


Apply Now ›
Trial Attorney Personal Injury.

Nutley Law firm concentrating in plaintiff's personal injury for plaintiff seeks an Attorney with three or more years of experience in New J...


Apply Now ›
MID-SENIOR LEVEL EMPLOYMENT ASSOCIATE OR PARTNER WANTED FOR BOUTIQUE FIRM OPPORTUNITY TO INHERIT AND GROW PRACTICE (Atlanta, GA)

Our client, an outstanding boutique litigation firm based in Atlanta, is seeking to add an experienced Employment Litigation Attorney to the...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements