21520 | Ga. | Feb 8, 1962
The question presented by this record is whether or not a trial judge has the right to require a former husband to pay attorney’s fees as a part of the expenses of litigation of his former wife when she files an application for modification of a permanent alimony judgment for their minor children.
When the act of 1955 (Ga. L. 1955, pp. 630-632; Code Ann. Supp. § 30-220 et seq.) was enacted, which authorized applications for modification of permanent alimony judgments, it was the law of this State that attorney’s fees, an intrinsic part of temporary alimony, could not be awarded to the wife after the verdict and decree of divorce had become final and the marital
While it might appear that it would be just for a father to pay the expenses of litigation in a case where his former wife is successful in maintaining an action to increase the alimony to be paid by him for the support of their minor children, this is not a matter that is in the discretion of the trial judge under the laws of this State, and the trial judge in the present case properly denied attorney’s fees to the plaintiff in error.
Judgment affirmed.