O.C.G.A. § 19-6-16 (2019)

Annotations

JUDICIAL DECISIONS No right to enforce past due part of alimony judgment is vested in children. Levine v. Seley, 217 Ga. 384, 123 S.E.2d 1, 1961 Ga. LEXIS 465 (1961). Right to enforce child’s support payment vested in parent. - Right to enforce a judgment for alimony either for

the wife alone, or for herself and her minor children who are in her custody or only for her minor children when she has custody of them is vested exclusively in the mother. The same rule applies to the enforcement of an award for attorney fees in an alimony case. Levine v. Seley, 217

Ga. 384, 123 S.E.2d 1, 1961 Ga. LEXIS 465 (1961). Adult child improper party for enforcement. - Adult daughter was not the proper party to bring an action against the father to recover child support arrearages and to revive a dormant child support decree. Georgia Dep’t of Human Resources ex rel. Holland v. Holland, 263 Ga. 885, 440 S.E.2d 9, 1994 Ga. LEXIS 94 (1994). Remedy available to wife when husband fails to pay support. - Wife is entitled to institute contempt proceeding against husband for failure to pay support of parties’ minor children, custody of which was awarded by divorce decree to wife, notwithstanding the fact that payment of support was directed to be made to the children’s grandmother. Blackburn v. Blackburn, 201 Ga. 793, 41 S.E.2d 519, 1947 Ga. LEXIS 340 (1947). Trial court properly found a father in willful contempt of court for failure to make child support payments pursuant to the court’s order legitimating the child, upon a mother’s application, as the father’s failure to make those payments was undisputed in the record, the father owned significant assets, and in contemplation of the contempt hearing, the father transferred some of the assets; however, an unsupported attorney-fee award to the mother was reversed, and an evidentiary hearing was ordered on remand. Webb v. Watkins, 283 Ga. App. 385, 641 S.E.2d 611, 2007 Ga. App. LEXIS 66 (2007). Judgment ordering alimony for benefit of child sufficient basis for contempt proceeding. - In a decree of final divorce, a judgment and decree rendered against a father that he pay to the mother the sum of $50 per month as alimony for the support of their minor son until he reached eighteen years of age is sufficient to form the basis of a contempt proceeding against the father if he did not make the required payments. Morris v. Myers, 219 Ga. 278, 133 S.E.2d 22, 1963 Ga. LEXIS 432 (1963). Party charged with contempt bears burden to show good faith attempt at compliance. - In a contempt proceeding, the burden is on one who fails and

refuses to pay an award for alimony or child support and maintenance to show that he has in good faith exhausted all of the resources at his command and has made a diligent and bona fide effort to comply with the decree awarding alimony or child support. Fambrough v. Cannon, 221 Ga. 289, 144 S.E.2d 335, 1965 Ga. LEXIS 436 (1965). Essence of civil contempt involved in a proceeding to enforce payment of an alimony or child support award is willful disobedience of the court’s order. Costa v. Costa, 249 Ga. 494, 292 S.E.2d 73, 1982 Ga. LEXIS 863 (1982). Requirement of showing good faith effort to comply. - It is not sufficient for the defendant to show merely that the defendant has no money, or property which the defendant might convert into money, with which to satisfy the alimony installments, but it must be made to appear clearly that the defendant has in good faith exhausted all the resources at the defendant’s command and has made a diligent and bona fide effort to comply with the order of the court. Snider v. Snider, 190 Ga. 381, 9 S.E.2d 654, 1940 Ga. LEXIS 492 (1940). Imprisonment for contempt is matter of judicial discretion. - Because imprisonment for contempt is a matter solely within the sound discretion of the judge and the judge may at any time, in the exercise of that discretion, discharge one so imprisoned, the Supreme Court will not interfere with the discretion vested in the trial judge unless the discretion has been manifestly abused. Corriher v. McElroy, 209 Ga. 885, 76 S.E.2d 782, 1953 Ga. LEXIS 443 (1953). Finding of ability to pay required. - Person may not be imprisoned for failure to pay child support unless it is first found that the person has the ability to pay but merely refuses to do so. Pittman v. Pittman, 179 Ga. App. 454, 346 S.E.2d 594, 1986 Ga. App. LEXIS 1915 (1986). Temporary residence by child in Alabama could not excuse the father’s deliberate refusal to support the child in accordance with the court’s order in the divorce decree. Fennell v. Fennell, 209 Ga. 815, 76 S.E.2d 387, 1953 Ga. LEXIS 405 (1953).

RESEARCH REFERENCES Am. Jur. 2d. 24A Am. Jur. 2d, Divorce and Separation, § 696. Am. Jur. Pleading and Practice Forms. 8C Am. Jur. Pleading and Practice Forms, Divorce and Separation, § 375 et seq. C.J.S. 27C C.J.S., Divorce, § 1185 et seq. ALR. Right of wife or child by virtue of right to support to maintain action to set aside conveyance by husband or parent as fraudulent, without reducing claim to judgment, 164 A.L.R. 524. Contempt proceedings to enforce decree or order in divorce or separation suit for support of children, 172 A.L.R. 869. Right of child to enforce provisions for his benefit in parents’ separation or property settlement agreement, 34 A.L.R.3d 1357. Withholding visitation rights for failure to make alimony or support payments, 65 A.L.R.4th 1155. Authority of court, upon entering default judgment, to make orders for child

custody or support which were not specifically requested in pleadings of prevailing party, 5 A.L.R.5th 863. Right to credit against child support arrearages for time children spent in custody of noncustodial parent pursuant to visitation or court order, 118 A.L.R.5th 385. Right to credit on child-support arrearages for money given directly to child, 119 A.L.R.5th 445. Right to credit against child support arrearages for time child lived with noncustodial parent, other than for visitation or by court order, with approval of custodial parent, 120 A.L.R.5th 229. Right to credit on child support for contributions to housing costs, utility bills, and other alleged household necessities made for child’s benefit while child is not living with obligor parent, 123 A.L.R.5th 565. Right to credit on child support arrearages for gifts to child, 124 A.L.R.5th 441. Validity, construction, and application of Child Support Recovery Act of 1992 (18 USCA § 228), 147 A.L.R. Fed. 1.