Amos v. Amos, 95 S.E.2d 5 (Ga. 1956). · Go Syfert
Amos v. Amos, 95 S.E.2d 5 (Ga. 1956). Cases Citing This Book View Copy Cite
58 citation events (8 in the last 25 years) across 2 distinct courts.
Strongest positive: Wright v. Burch (gactapp, 2015-04-10)
Treatment trajectory · 1956 → 2026 · click a year to view as-of
1956 1991 2026
Top citers, strongest first. 17 distinct citers.
discussed Cited as authority (rule) Wright v. Burch
Ga. Ct. App. · 2015 · confidence medium
OCGA § 19-6-15 *845 (k) (4); see also OCGA § 19-6-15 (k) (1); Pearson v. Pearson, 265 Ga. 100, 101 ( 454 SE2d 124 ) (1995) (before private agreement as to child support could be incorporated into court order, trial court had obligation to consider whether agreed-upon support is sufficient based on child’s needs and parents’ ability to pay); Arrington v. Arrington, 261 Ga. 547, 548 ( 407 SE2d 758 ) (1991) (trial court is not bound by agreement between parties regarding child support, but should consider on remand whether such support is sufficient based on the children’s needs and the p…
discussed Cited as authority (rule) Robinson v. Robinson
Ga. · 1991 · confidence medium
If in making the agreement a part of the decree, there is express provision in the decree that . . . conflicts with the agreement between the parties . . . the words of the decree will control.” Amos v. Amos, 212 Ga. 670, 671 ( 95 SE2d 5 ) (1956).
discussed Cited as authority (rule) Pekor v. Clark
Ga. · 1976 · confidence medium
The husband is not estopped from seeking custody of the children because he entered into a contract with the wife agreeing that she would have their custody. " 'Where the parties in a divorce proceeding enter into a contract settling between themselves the questions of alimony, custody, and support of their minor child, the court may in its discretion approve the agreement in whole or in part, or refuse to approve it as a whole.’ Amos v. Amos, 212 Ga. 670, 671 ( 95 SE2d 5 ) (1956); Booker v. Booker, 219 Ga. 358, 359 ( 133 SE2d 353 ) (1963).
discussed Cited as authority (rule) Jackson v. Jackson
Ga. · 1974 · confidence medium
Kyle Yancey, for appellee. 2. '"Where the parties in a divorce proceeding enter into a contract settling between themselves the questions of alimony, custody and support of their minor child, the court may in its discretion ápprove the agreement in whole or in part, or refuse to approve it as a whole.’ Amos v. Amos, 212 Ga. 670, 671 ( 95 SE2d 5 ); Booker v. Booker, 219 Ga. 358 ( 133 SE2d 353 ).” Vereen v. Vereen, 226 Ga. 500 (2) ( 175 SE2d 865 ).
cited Cited as authority (rule) Dodson v. Dodson
Ga. · 1974 · confidence medium
Amos v. Amos, 212 Ga. 670, 671 ( 95 SE2d 5 ); Booker v. Booker, 219 Ga. 358, 359 ( 133 SE2d 353 ); Wiggin v. Wiggin, 223 Ga. 63 ( 153 SE2d 306 ); Berry v. Berry, 225 Ga. 318 ( 168 SE2d 132 ).
discussed Cited as authority (rule) Vereen v. Vereen (2×)
Ga. · 1970 · confidence medium
"Where the parties in a divorce proceeding enter into a contract settling between themselves the questions of alimony, custody and support of their minor child, the court may in its discretion approve the agreement in whole or in part, or refuse to approve it as a whole." Amos v. Amos, 212 Ga. 670, 671 ( 95 SE2d 5 ); Booker v. Booker, 219 Ga. 358 ( 133 SE2d 353 ).
discussed Cited as authority (rule) Berry v. Berry
Ga. · 1969 · confidence medium
Amos v. Amos, 212 Ga. 670, 671 (2) ( 95 SE2d 5 ).” Booker v. Booker, 219 Ga. 358, 359 ( 133 SE2d 353 ); Newman v. Newman, 223 Ga. 278 ( 154 SE2d 581 ); and Howard v. Greenway, 223 Ga. 252 ( 154 SE2d 367 ).
discussed Cited as authority (rule) Chatham v. DeKalb County
Ga. Ct. App. · 1967 · confidence medium
Co. v. Satterfield, 88 Ga. App. 395, 396 (2) ( 76 SE2d 730 ); Carolina Tree Service v. Cartledge, 96 Ga. App. 240 (4) ( 99 SE2d 705 ); Sargeant v. Starr, 102 Ga. App. 453, 459 (3) ( 116 SE2d 633 ); Safe-Way Finance Co. v. Standard Bag Co., 105 Ga. App. 712 (5) ( 125 SE2d 733 ); Carswell v. Shannon, 209 Ga. 596, 598 (2) ( 74 SE2d 850 ); Amos v. Amos, 212 Ga. 670, 671 (1) ( 95 SE2d 5 ).
cited Cited as authority (rule) Howard v. Greenway
Ga. · 1967 · confidence medium
Amos v. Amos, 212 Ga. 670, 671 (2) (95 SE2d 5)." Booker v. Booker, 219 Ga. 358 ( 133 SE2d 353 ).
cited Cited as authority (rule) Wiggin v. Wiggin
Ga. · 1967 · confidence medium
Amos v. Amos, 212 Ga. 670, 671 (2) (95 SE2d 5)." Booker v. Booker, 219 Ga. 358, 359 ( 133 SE2d 353 ); Barrett v. Manus, 219 Ga. 693, 694 ( 135 SE2d 430 ).
cited Cited as authority (rule) Wood v. Knight
Ga. · 1966 · confidence medium
Amos v. Amos, 212 Ga. 670, 671 (2) ( 95 SE2d 5 ); Booker v. Booker, 219 Ga. 358 ( 133 SE2d 353 ).
discussed Cited as authority (rule) Barrett v. Manus
Ga. · 1964 · confidence medium
“Where the parties in a divorce proceeding enter into a contract settling between themselves the questions of alimony, custody, and support of their minor child, the court may in its discretion approve the agreement in whole or in part, or refuse to approve it as a whole.” Amos v. Amos, 212 Ga. 670, 671 ( 95 SE2d 5 ); Booker v. Booker, 219 Ga. 358, 359 ( 133 SE2d 353 ).
cited Cited as authority (rule) Booker v. Booker
Ga. · 1963 · confidence medium
Amos v. Amos, 212 Ga. 670, 671 (2) ( 95 SE2d 5 ).
cited Cited as authority (rule) Davis v. Davis
Ga. · 1962 · confidence medium
Carswell v. Shannon, 209 Ga. 596 (2) ( 74 SE2d 850 ); Perry v. Perry, 212 Ga. 668, 670 ( 95 SE2d 2 ); Amos v. Amos, 212 Ga. 670, 671 ( 95 SE2d 5 ).
discussed Cited as authority (rule) Samples v. Alewine
Ga. · 1962 · confidence medium
The controlling effect of these facts is emphasized in Richards v. McHan, 139 Ga. 37 ( 76 SE 382 ); Perry v. Perry, 212 Ga. 668 ( 95 SE2d 2 ); Amos v. Amos, 212 Ga. 670, 671 ( 95 SE2d 5 ); and Pirkle v. Pirkle, 212 Ga. 752 ( 95 SE2d 663 ).
discussed Cited "see" Guthrie v. Guthrie (2×)
Ga. · 2004 · signal: see · confidence high
See Amos v. Amos, 212 Ga. 670 (1) ( 95 SE2d 5 ) (1956). 6 For example, the trial court can exercise its discretion to refuse to approve the agreement where the agreement was procured by fraud or duress.
examined Cited "see, e.g." Taylor v. Taylor (4×)
Ga. · 2005 · signal: see also · confidence low
McConaughey, Georgia Divorce, Alimony and Child Custody, § 19-1, p. 417 (2001); see also Pekor v. Clark, 236 Ga. 457, 459 , 224 S.E.2d 30 (1976) ("`[w]here the parties in a divorce proceeding enter into a contract settling between themselves the questions of alimony, custody, and support of their minor child, the court may in its discretion approve the agreement in whole or in part, or refuse to approve it as a whole,'" quoting Amos v. Amos, 212 Ga. 670, 671 , 95 S.E.2d 5 (1956)); Stanton v. Stanton, 213 Ga. 545, 549 , 100 S.E.2d 289 (1957) (parents' custody agreement subrogated to the paramo…
Amos
v.
Amos
19473.
Supreme Court of Georgia.
Oct 10, 1956.
95 S.E.2d 5
Jack Rogers, Clinton J. Morgon, Wright, Rogers, Magruder & Hoyt, for plaintiff in error., Scoggin & Martin, contra.
Almand, Wyatt.
Cited by 29 opinions  |  Published
Almand, Justice.

In a divorce decree entered in July, 1950, Hughleen Beason Amos was granted a total divorce from Charles D. Amos, in which she was awarded the “full and complete custody and control” of Ann Amos, the daughter of the parties, and in the decree it was provided that the father of the child should pay to the mother “for her support and the support of said child the sum of $50 per month until said child becomes 21 years of age or married.” Attached to the decree, which the court made a part thereof, was a written agreement of the parties, whereby the father agreed to pay to the mother “for the support and maintenance of their child, the sum of fifty ($50.00) dollars per month.”

In April, 1956, the father of the child filed a petition with process, in the court which rendered the divorce decree, seeking to modify the decree so as to permit him to have reasonable hours of visitation of the child, and to amend the decree so as to strike from the provision as to support the words “her support and,” so that the amended decree would provide that the support paid to the mother would be “for the support of said child.” The mother filed a general demurrer to the petition as amended, on the ground that it failed to state a cause of action, and the demurrer was overruled. The bill of exceptions assigns error on this order.

1. The sole ground on which the father seeks to have the divorce decree amended as to the custody of the child, so that the child may visit him or he visit the child, was that it would be for the best interest of the child to permit her tb visit him, and that the action of the mother in denying him access to his daughter “is to spite, annoy, and injure the petitioner.” After expiration of the term at which' a decree was entered, it is out of the power of the court to modify or revise it in any matter of substance. Carswell v. Shannon, 209 Ga. 596 (2) (74 S. E. 2d 850); Perry v. Perry, 212 Ga. 668.

2. Where the parties in a divorce proceeding enter into a contract settling between themselves the questions of alimony, custody, and support of their minor child, the court may in its discretion approve the agreement in whole or in part, or refuse to[*672] approve it as a whole. If in making the agreement a part of the decree, there is express provision in the decree that the father shall pay the alimony for the support of the mother and support of the child, which conflicts with the agreement between the parties that the alimony shall be paid to the mother for the support of the child, the words of the decree will control. No facts are alleged in the petition which would authorize the court to strike from the decree the words “for her [the mother’s] support.”

It was error for the court to overrule the general demurrer to the petition.

Judgment reversed.

All the Justices concur, except Wyatt, P. J., not participating.