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206 Ga. 341

57 S.E.2d 190

Williams v. Williams

Supreme Court of Georgia

Decided January 11, 1950

Supreme Court of Georgia · decided 1950-01-11

Cited by 7 later decisions — most recently July 1957

7 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1950-01-11

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Atkinson, Presiding Justice.

¶1 1. Where an agreement between the parties as to the amount of temporary alimony is made the judgment of the court, and subsequently the husband files a petition to modify the award, based on a change in conditions, and upon a hearing on the rule nisi the court awards a judgment for a different amount, such judgment is “granting or refusing applications for alimony” under the Code, § 6-903, and a motion to dismiss the writ of error is denied.

¶2 2. While there is no mathematical formula for determining the amount of alimony to be awarded, and the trial judge has a wide discretion in fixing temporary alimony, and in subsequently modifying the same as provided in Code § 30-204, yet, under the evidence in the instant case, the award of $250 per month, where the income of the husband was $350 per month, was excessive and an abuse of discretion.

¶3 Judgment reversed.

All the Justices concur. *342 Sam G. Dettelbach, for plaintiff in error. George Carroll and Douglas, Evans & Cole, contra.
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