Collins v. Billow, 277 Ga. 604

Summary

The Supreme Court of Georgia held that a trial court lacked authority to modify a divorce decree's child-support obligation in a contempt proceeding. Although the $140-per-week award was improperly entered in the contempt case, it was not void because the court had jurisdiction and the order had not been appealed or set aside within the applicable period. The court therefore reversed the contempt judgment because the wife had paid the amount required by the operative order.

Holdings

1. A trial court has no authority to modify the terms of a divorce decree in a contempt proceeding. The March 10, 1998 contempt order improperly modified Wife's support obligation by increasing it to $140 per week rather than merely clarifying the original percentage-based obligation.
2. An erroneous child-support order entered by a court with subject-matter and personal jurisdiction is not void and remains in force unless challenged by direct appeal or a motion to set aside. Because the March 10, 1998 order was not appealed and more than three years passed without a motion to set it aside, Wife's obligation was limited to $140 per week until properly modified.
3. The trial court abused its discretion by holding Wife in contempt for failing to pay more than $140 per week because she had paid the amount required by the operative March 10, 1998 order.

Questions Presented

1. Whether the March 10, 1998 order setting child support at $140 per week improperly modified the divorce decree in a contempt proceeding.
2. If the $140 provision was improperly entered, whether the order was void or remained effective because it was not appealed and no motion to set it aside was filed.
3. Whether Wife could be held in contempt for failing to pay more than the $140 per week required by the unchallenged order.

Disposition

reversed