31 Ga. App. 428 | Ga. Ct. App. | 1923
The plaintiff sued her former husband, to recover unpaid installments due under a written contract entered into while they were in a state of separation, whereby she, for herself and two minor children, agreed to accept a certain cash payment and monthly installments in a stated sum, in lieu of alimony in a divorce proceeding immediately contemplated. The contract provides that the payments shall be “for her maintenance and the maintenance of the said two children,” and that “said monthly payments the said [husband] shall continue to render unto the said [wife] until the youngest of the two above-named children shall reach the age of 21 years.” It provides that the wife shall have the custody of the children “so long as she acts honorably and does not marry some one who will mistreat the said two children or either of them; ” that “when the above-named children reach the age of 21 years the [husband] shall be discharged from any further payments either to said children or to the said [wife], but a remarriage of the said [wife] shall not discharge said [husband] from liability to support said children; ” and' that, so long as the husband complies with' this contract, the wife will not bring any proceeding to compel him to pay or render her maintenance, or include any claim for alimony in said divorce proceeding. By a proposed amendment to his plea and answer the defendant set up that the amount he was to pay the plaintiff
Judgment affirmed.