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Learn More>>Alimony>>Enforcement

A Georgia dirvorce judgment awarding alimony carries an obligation to socienty in addtion to any obligation to a former spouse. This obligation is what makes the non-payment of alimony more than just a private debt and subjects the obligated spouse to contempt of court charges in the event alimony is not paid. THerefore, imprisonment can be sought. The judgment is equally enforceable whether it was ordered by a judge, agreed upon by the parties, or decided by a jury.

The basis for a contempt action for failure to pay alimony is the willful refusal to comply with the judgment or the order of teh court. The action, in general, must be grought in the same court which issued the alimony order in the first place. This is true even if the defending spouse has moved out of the county. There is a requirement in Georgia divorce cases that the defendant be served personally with a motion for contempt in alimony proceedings. Where an action is brought in another stae and the defendant is personally served in Georgia, this service is not necessarily valid. It may be necessary to sue the defendant where he is domiciled.

The judge cannot modify the award at a contempt hearing. There is no right to jury trial. THe issues decided at a contempt hearing are 1) whether there has been a failure to compy with the order; 2) if so, is the was the failure "willful"; 3) if willful, a determination of the amountowed is decided and there is a decision on how this money will be repaid; and 4) if the respndent refuses to pay the amount declared to be due, sanctions are determined, including but not limited to, jail time.

There are several defenses to the failure to pay alimony, including but not limited to: 1) inability to pay; 2) void judgment and decree; 3) change of custody; 4) supplemental payments; 5) reliance upon agreement; and 6) vagueness. A finding that the paying spouse is not guilty of contempt does not mean that he/she is no longer liable for payment because non-contempt only means that there was not a "willful" refusal to pay but rather a failure to pay.

Attorney's fees can be awarded to either party int he sound discretion of the court except that the court shall consider the financial circumstances of both partie s as a determination of the amount of attorneys fees to be awarded.

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