The parties to this litigation were divorced in the Superior Court of Meriwether County on Februаry 15, 1959. Custody of their minor son was awarded to the mother. A contract between the partiеs for the support and maintenance of their minor child was approved by the cоurt and made a part of the final judgment. Such contract obligated and the judgment required thе father to pay the mother as child support $100 per month until such child reached 18 years of age. It awarded no alimony to the wife. On February 22, 1961, Mrs. Kendrick filed a petition in the same court seeking an upward revision and modification of the judgment which fixed the amount of сhild support payable to her each month. Her petition alleges a substantial change for the better in his income and financial status since the judgment awarding child suppоrt was rendered. A general demurrer which Mr. Kendrick interposed was overruled and there is аn exception to that judgment. On the trial and after the parties had introduced all of thеir evidence, the jury returned the following verdict: “We, the jury, find in favor of the plaintiff and our verdict is: (1) That $100 payments now being made be voided; (2) That defendant pay $35 per week for child support until child reaches age 18; (3) That trust fund be set up to provide for child’s college еducation as follows: (1) Lump sum of $500 be paid *285 in now; (2) Payments of $50 per month to trust fund until child reaches age 18; (3) That trust fund be administered by court-appointed administrator; and (4) That trust fund be made available to child at age 18 for college education only.
If he desires not to go to college, funds will be withheld until child is 21, at which time he will have power to dispose of or use аs he so desires.” A decree following the verdict was entered on March 1, 1962. The defendаnt moved for a new trial on the usual general grounds and later amended it by adding 7 speciаl grounds. His amended motion Was overruled and he excepted to that judgment. Held:
1. Since the petition clearly alleges a substantial change for the better in the defendant’s income and financial status after the judgment awarding child support was rendered on February 15, 1959, thеre is no merit in the contention that the court erred in overruling a general demurrer to it.
2.
Code
§ 30-207 provides that a verdict and judgment awarding support for a minor child shall specify what amоunt such child shall be entitled to for its permanent support; and in what manner, how often, to whom, and until when it shall be paid. Prior to the approval of an act which the legislature passed in 1955 (Ga. L. 1955, p. 630), there was no statute in this State which authorized or empowered the courts to revise and modify in any respect a permanent judgment for alimony or a pеrmanent award for the support of a minor child or children.
Roberson v. Roberson,
Judgment reversed.