Newsome v. Newsome , 232 Ga. 49 ( 1974 )

Per curiam.

Can a mother, suing as next friend for the minor child in her custody under a divorce decree, maintain an action against the father for support of the child after rendition of the final divorce decree in which the parties agreed the father would be relieved of support and relinquish all parental right to the child? This is the basic question involved in this appeal. The trial court determined there could be no recovery and the mother, for herself and the minor child, has appealed that decision.

We affirm the trial court’s judgment. In Allen v. Allen, 228 Ga. 523 (2) (186 SE2d 743), this court said: "Where,... a property and alimony settlement is entered into between the parties to the divorce and such agreement is approved by the court, and where the wife by the terms of such agreement is given full and complete custody of the child and is bound to support such child, she is barred from filing an original action to seek reimbursement from the father for support furnished the child.”

"The Act approved March 21, 1958 (Ga. L. 1958, p. 204), does not give a right of action to the defendant’s former wife to require him to pay for the support of the minor children awarded to her in a final decree of divorce, which made no provision for their support, where it does not appear that the children were awarded to a third party or to the mother subsequently to the divorce decree.” Thomas v. Thomas, 215 Ga. 383 (110 SE2d 657).

Submitted March 1, 1974 Decided April 4, 1974. Oliver K. Mixon, for appellant. Nicholson, Fleming & Blanchard, Jim Blanchard, Jr., for appellee.

The rationale of these cases requires that we hold the appellants are not entitled to maintain the present action for child support. For additional authorities discussing the legal issues involved in similar circumstances, see Strange v. Strange, 222 Ga. 44 (148 SE2d 494); and Summers v. Summers, 212 Ga. 614 (94 SE2d 725).

Judgment affirmed.

All the Justices concur, except Nichols, P. J., Ingram and Hall, JJ, who concur in the judgment only.