In an appeal from the Superior Court of Catoosa County, the Georgia Supreme Court has reversed a trial court order setting aside a divorce decree as to child support, finding that the husband failed to prove the existence of a non-amendable defect on the face of the record. Justice Harold D. Melton wrote the unanimous decision in Scott v. Scott, S07A0246.
The Supreme Court reversed the grant of Gregory W. Scott’s motion to set aside the final decree of divorce with regard to the provision of an incorporated settlement agreement addressing the support of his children with Patti R. Scott, holding that Gregory Scott failed to show that any part of the settlement agreement or divorce decree, to which he consented, was void or otherwise contained a non-amendable defect. In so holding, the Court noted that the divorce decree contained stated dollar amounts and percentages of income, which could be considered baseline payments as required by O.C.G.A. § 19-5-12, and Gregory Scott agreed that his future wage increases as a result of statutory special circumstances would supplement the baseline amounts. Finally, the Court held that Gregory Scott was entitled to seek a motion to set aside under O.C.G.A. § 9-11-60 (d) (3), even though he may have been negligent for not directly attacking the divorce decree, since negligence or a movant’s fault is not a bar to the movant’s claims under that statute.