2002-06-21 divorce judgment
- Title: Final Judgment and Decree
- Hypertext links have been added for clarity, and were not part of the original document.
- Formatting has been slightly modified for clarity
- "Anna Nicola Tesla Staddon" should be "Anna Nikola Tesla Staddon"
- "voluntary" corrected to "voluntarily" on p.2 2nd para line 5
Upon consideration of this case, upon evidence submitted as provided by law, it is the judgment of the Court that a total divorce be granted, that is to say, a divorce a vinculo matrimonii, between the parties to the above-stated case upon legal principles.
It is considered, ordered, and decreed by the Court that the marriage contract heretofore entered into between the parties to this case, from and after this date, be and is set aside and dissolved as fully and effectually as if no such contract had ever been made or entered into.
Plaintiff and Defendant in the future shall be held and considered as separate and distinct persons altogether unconnected by any nuptial union or civil contract whatsoever and both shall have the right to remarry.
The court awards custody of the child to the parties as follows: Plaintiff shall have permanent custody and control of the minor child of the parties, to wit: Anna Nicola Tesla Staddon. Liberal visitation is awarded to the Defendant, as provided in the Agreement previously filed with the Clerk and made a part hereof by reference thereto.
In determining child support, the Court finds as follows:
- The gross income of the father is sporadic in that the father is not regularly employed. Husband has monthly rental income of $350.00 per month.
- The gross income of the mother is $400.00 weekly.
- In this case child support is being determined for one child.
- The applicable percentage of gross income to be considered is: One child, with percentage range of gross income at 17 percent to 23 percent.
Having found that no special circumstances exist and that the parties have agreed as to child support, the final award of child support which Defendant shall pay to Plaintiff for support of the child support, the final award of child support which Defendan shall pay to Plaintiff for support of the child is $750.00 per month, beginning on the 1st day of March, 2002, and payable monthly thereafter until child becomes 18 years of age, dies, marries, or otherwise becomes emancipated, except that if the child becomes 18 years of age while enrolled in and attending secondary school on a full-time basis, then such support shall continue until the child completes secondary school, provided that such support shall not be required after the child attains 20 years of age. Plaintiff is ordered to provide accident and sickness insurance for the child for so long as she is obligated by this Order to provide support.
In accordance with O.C.G.A. §19-6-32, in the event that the Defendant fails to pay the Plaintiff the child support required herein and becomes two (2) weeks in arrears, and fails to bring said support current within three (3) days after the two week arrearage accrues, the Defendant shall execute all documents which are necessary to allow the Income Deduction Order to be implemented by his employer. Should the Defendant protest and not voluntarily comply in executing the documents for the implementation of the Income Deduction Order for his failure to timely make the child support payments set out above, his default not being cured within seventeen (17) days, the Defendant shall pay to the Plaintiff reasonable attorney's fees and costs of litigation should the Court require the Income Deduction Order to commence. The provisions of allowing the Defendant to bring his child support arrearage current within two (2) weeks and three (3) days as set out above shall only be allowed to occur one time within a one year period.
The Court orders that whenever, in violation of the terms of this Order there shall have been a failure to make the support payment due hereunder so that the amount unpaid is equal to or greater than the amount payable for one month, the payments required to be made may be collected by the process of continuing garnishment for support. O.C.G.A. §19-6-30
In accordance with all of the terms of the Agreement filed with the Clerk, dated March 14, 2002, the same is incorporated into this Final Judgment and Decree, and made a part hereof by reference, the parties hereto are hereby ordered to comply with the terms of said Agreement.
Decree entered this 21st day of June, 2002.
Honorable Lawton E. Stephens, Judge, Superior Courts, Western Judicial Circuit