Williams v. Williams , 206 Ga. 341 ( 1950 )

206 Ga. 341 (1950) 57 S.E.2d 190

WILLIAMS
v.
WILLIAMS.

16905.

Supreme Court of Georgia.

January 11, 1950.

Sam G. Dettelbach, for plaintiff in error.

George Carroll and Douglas, Evans & Cole, contra.

ATKINSON, Presiding Justice.

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. 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.

Judgment reversed. All the Justices concur.