Pearson v. Pearson, 435 S.E.2d 40 (Ga. 1993). · Go Syfert
Pearson v. Pearson, 435 S.E.2d 40 (Ga. 1993). Cases Citing This Book View Copy Cite
35 citation events (8 in the last 25 years) across 2 distinct courts.
Strongest positive: Teresa C. Robinson v. Citi Bank, N.A . Successor by Merger to Citibank (South Dakota), N. A. (gactapp, 2022-08-04)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) Teresa C. Robinson v. Citi Bank, N.A . Successor by Merger to Citibank (South Dakota), N. A.
Ga. Ct. App. · 2022 · confidence medium
We are unpersuaded by Robinson’s reliance upon Pearson v. Pearson, 263 Ga. 400, 400 ( 435 SE2d 40 ) (1993), for her assertion that a “judgment remains [an out of court] judgment if a trial court never entered an order domesticating the [out of state] judgment.” In Pearson, the Supreme Court of Georgia addressed the modification of a foreign divorce decree and expressly distinguished such judgments from foreign judgments enforced under OCGA § 9-12-132, which “requires only filing of an authenticated copy of the foreign judgment” for enforcement.
cited Cited as authority (rule) Ward v. Smith
Ga. Ct. App. · 2015 · confidence medium
Pearson v. Pearson, 263 Ga. 400, 401 ( 435 SE2d 40 ) (1993).
cited Cited as authority (rule) Wylie v. Blatchley
Ga. Ct. App. · 1999 · confidence medium
Pearson v. Pearson, 263 Ga. 400, 401 ( 435 SE2d 40 ) (1993); Blue v. Blue, 243 Ga. 22 ( 252 SE2d 452 ) (1979).
cited Cited as authority (rule) Kempton v. Richards
Ga. Ct. App. · 1998 · confidence medium
Pearson v. Pearson, 263 Ga. 400, 401 ( 435 SE2d 40 ) (1993); Blue v. Blue, 243 Ga. 22 ( 252 SE2d 452 ) (1979).
examined Cited as authority (rule) Galvez v. Galvez (3×) also: Cited "see"
Ga. Ct. App. · 1996 · confidence medium
As held in Blue v. Blue, 243 Ga. 22 ( 252 SE2d 452 ) (1979), and as stated in Pearson v. Pearson, 263 Ga. 400, 401 ( 435 SE2d 40 ) (1993), a case in which the rule of Blue was applied, “Georgia permits modification of a foreign divorce decree only after domestication of that judgment.” (Emphasis in original.) Before the cited Code section can be activated in this case, the trial court must consider and rule on the domestication issue.
cited Cited "see" Jonathan Kerr v. Stacey Wilson
Ga. Ct. App. · 2021 · signal: see · confidence high
See Pearson, 263 Ga. at 401 (“Georgia permits modification of a foreign divorce decree only after domestication of that judgment. . . .
Retrieving the full opinion text from the archive…
Pearson
v.
Pearson
S93A1333.
Supreme Court of Georgia.
Oct 4, 1993.
435 S.E.2d 40
J. Stephen Schuster, for appellant., Eugene P. Chambers III, Ellis, Funk, Goldberg, Labovitz, & Campbell, Stephen M. Worrall, for appellee.
Carley.
Cited by 12 opinions  |  Published
Carley, Justice.

Although appellant-plaintiif and appellee-defendant were divorced in Texas, they both now live in Georgia. Appellant filed a petition in the Superior Court of Cobb County seeking to modify appellee’s child support obligation. Appellee answered and also filed a motion to enforce an alleged settlement agreement as to his child support obligation. Appellant then amended her petition so as also to seek domestication of the Texas divorce decree. However, the trial court never entered an order domesticating that Texas judgment. Instead, the trial court granted appellee’s motion to enforce the alleged settlement agreement and then ordered that “the amount of child support to be paid by [appellee] to [appellant] pursuant to and in accordance with the parties’ Final Judgment and Decree of Divorce is modified and increased to the amount” specified in the alleged settlement agreement. This court granted appellant’s application for a discretionary appeal from that order to consider the applicability of OCGA § 19-6-15 to private agreements regarding child support. However, we cannot reach that issue.

The trial court’s order purports to modify the final divorce decree dissolving the marriage between the parties. On the record, however, that final divorce decree remains a Texas judgment, since there was[*401] no prior order domesticating that judgment in this state. The courts of this state have no authority to modify a foreign judgment awarding permanent child support. McGuire v. McGuire, 228 Ga. 782 (187 SE2d 859) (1972); Bisno v. Biloon, 161 Ga. App. 351, 355 (291 SE2d 66) (1982), overruled on other grounds, State of Ga. v. McKenna, 253 Ga. 6 (315 SE2d 885) (1984). Georgia permits modification of a foreign divorce decree only after domestication of that judgment. Blue v. Blue, 243 Ga. 22 (252 SE2d 452) (1979). Compare Roehl v. O’Keefe, 243 Ga. 696 (1) (256 SE2d 375) (1979) (enforcement of foreign custody decrees under the Uniform Child Custody Jurisdiction Act requires only filing of a certified copy of the foreign decree); OCGA § 9-12-132 (enforcement of foreign judgment under the Uniform Enforcement of Foreign Judgments Act requires only filing of an authenticated copy of the foreign judgment).

Decided October 4, 1993. J. Stephen Schuster, for appellant. Eugene P. Chambers III, Ellis, Funk, Goldberg, Labovitz, & Campbell, Stephen M. Worrall, for appellee.

Although appellant’s original petition erroneously sought only modification of appellee’s child support obligation, she subsequently corrected that error by amending her petition so as also to seek domestication of the Texas divorce decree. See Sovern v. Sovern, 156 Ga. App. 752, 753 (3) (275 SE2d 791) (1980). Neither appellant nor appellee objected to the trial court’s entry of a modification order before its ruling on appellant’s request for domestication and neither has raised that issue on appeal. However, an order of domestication was a necessary prerequisite to the trial court’s authority to modify. Blue v. Blue, supra. Accordingly, the trial court’s modification order must be vacated and the case remanded for consideration of the amendment to appellant’s petition wherein she sought domestication. After entry of a new order, the parties will be free to apply for a discretionary appeal therefrom.

Judgment vacated and case remanded.

All the Justices concur.