Legal Opinion · Dissent

Gardner v. Gardner

Supreme Court of Georgia

Decided April 4, 1994No. S94A0222Published

1DissentSears-Collins, Justice

The majority relies on Clavin v. Clavin, 238 Ga. 421 (233 SE2d 151) (1977), for its holding that “in a divorce action, there is no authority to require, that a father maintain a policy insuring his life for the benefit of his minor children.” Majority opinion, p. 138.

In Clavin, this court restated the old common law principle that “the duty of a father to support his children ceases upon his death,” 238 Ga. at 423, and held that no more could be required of a divorced father. I do not believe that it is inconsistent with these principles to allow a trial court in a divorce action to require a…

2Cases cited3 opinions

  1. Clavin v. ClavinSupreme Court of Georgia · 1977
  2. Abrego v. AbregoSupreme Court of Oklahoma · 1991
  3. Graham v. GrahamCourt of Appeals of Kentucky · 1980

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