Anderson v. Powell , 235 Ga. 738 ( 1975 )

Hill, Justice,

dissenting.

I respectfully dissent from Division 1 of the majority opinion. McClain v. McClain, 235 Ga. 659, holds that "The agreement of the parties which was incorporated in and made a part of the divorce decree is enforceable after the majority of each child.” In the present case the agreement of the parties provided for the contingency that "if either one of said children, upon reaching age 20, is still dependent upon the wife for over half of his support, i.e., if earning less than $50 per week said support payment shall continue for that child until he or she becomes self supporting, that is, to be able to pay for over half of his or her own support.” The child is now over 21 but, due to a disability, is not self-supporting. The trial court found, and I agree, that the intent of the parties was to provide support for the child until he is self-supporting, even beyond the age of 21. In my view McClain v. McClain, supra, requires affirmance of the trial court.

I am authorized to state that Justice Ingram and Justice Hall join in this dissent.