Christmas v. Langston , 241 Ga. 331 ( 1978 )

Hall, Justice,

dissenting.

I dissent, because the necessary meaning of the majority opinion is that the 18-year-old child in question has not by any method become "emancipated,” and that conclusion is plainly unsupported in light of Code Ann. § 74-104 which in 1972 changed the age of majority from 21 to 18. I find Choquette v. Choquette, 232 Ga. 759 (208 SE2d 848) (1974) distinguishable, because there, unlike the present case, the parties’ agreement contained no catch-all phrase terminating support when the child "otherwise became emancipated,” but allowed the cessation of support only upon four stated eventualities. Here, support is to end if the child dies, marries, attains 21, "or otherwise becomes emancipated.” She has otherwise become emancipated, under Code Ann. § 74-104. For still other events of legal and factual emancipation, see Code Ann. § 74-108.

The majority interprets the phrase "or otherwise becomes emancipated” to mean "or otherwise becomes emancipated through some event other than a change in the legal age of majority.” I think the majority has made this up out of whole cloth; I find no basis whatever in the agreement for this narrow interpretation of broad language.