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Call Now: 904-383-7448Absent the making of a voluntary contract or other agreement, as provided in Code Section 19-6-8, and on the application of a party, the court, exercising its equitable powers, may compel the spouse of the party to make provision for the support of the party and such minor children as may be in the custody of the party.
(Orig. Code 1863, § 1695; Code 1868, § 1738; Code 1873, § 1746; Code 1882, § 1746; Civil Code 1895, § 2466; Civil Code 1910, § 2985; Code 1933, § 30-212; Ga. L. 1979, p. 466, § 17.)
Statute was constitutional and any modification or repeal must necessarily be made by the General Assembly of Georgia and not by the court. Murphy v. Murphy, 232 Ga. 352, 206 S.E.2d 458 (1974), cert. denied, 421 U.S. 929, 95 S. Ct. 1656, 44 L. Ed. 2d 87 (1975).
Statute plainly provides for alimony which may be sought in the wife's suit for divorce, her suit for alimony alone, or in a suit by the husband for divorce. The wife's right cannot be defeated by a failure of the husband to obtain a divorce. Ridgeway v. Ridgeway, 224 Ga. 310, 161 S.E.2d 866 (1968).
- Wife has right to sue her husband for alimony, after voluntary separation, without suing for divorce, and without the necessity of showing a legal residence as required in a suit for divorce. Craig v. Craig, 53 Ga. App. 632, 186 S.E. 755 (1936).
- Under additional powers given by the statutes, having incidental equity jurisdiction over the res of property within its territory, a court may render a valid judgment in rem with respect to such property when necessary to enforce the wife's claim to permanent alimony. Grimmett v. Barnwell, 184 Ga. 461, 192 S.E. 191 (1937).
- Action of nonresident wife in bringing suit in Georgia to domesticate foreign divorce decree does not constitute the "transaction of business" so as to permit Georgia courts to assert in personam jurisdiction over her in husband's subsequent actions to terminate alimony. Stone v. Stone, 254 Ga. 519, 330 S.E.2d 887 (1985).
Cited in Evans v. Evans, 191 Ga. 752, 14 S.E.2d 95 (1941); Kirchman v. Kirchman, 212 Ga. 488, 93 S.E.2d 685 (1956); Murphey v. Murphey, 215 Ga. 19, 108 S.E.2d 872 (1959); Mullinax v. Mullinax, 234 Ga. 553, 216 S.E.2d 802 (1975).
- Garnishment or attachment of property to enforce order or decree for alimony or allowance in suit for divorce or separation, 56 A.L.R. 841.
Divorced wife's failure to comply with order or decree as affecting her right to enforce provision for alimony, 88 A.L.R. 199.
Decree for alimony rendered in another state or foreign country as subject to enforcement by equitable remedies or by contempt proceedings, 97 A.L.R. 1197; 18 A.L.R.2d 862.
Jurisdiction of equity courts in the United States, without the aid of statute expressly conferring it, to entertain independent suit for alimony or separate maintenance without divorce or judicial separation, 141 A.L.R. 399.
Court's establishment of trust to secure alimony or child support in divorce proceedings, 3 A.L.R.3d 1170.
Power of court which denied divorce, legal separation, or annulment, to award custody or make provisions for support of child, 7 A.L.R.3d 1096.
Father's liability for support of child furnished after divorce decree which awarded custody to mother but made no provision for support, 91 A.L.R.3d 530.
Validity and enforceability of escalation clause in divorce decree relating to alimony and child support, 19 A.L.R.4th 830.
Separation agreements: enforceability of provision affecting property rights upon death of one party prior to final judgment of divorce, 67 A.L.R.4th 237.
Divorce: court's authority to institute or increase spousal support award after discharge of prior property award in bankruptcy, 87 A.L.R.4th 353.
Total Results: 1
Court: Supreme Court of Georgia | Date Filed: 2013-07-01
Citation: 293 Ga. 330, 745 S.E.2d 628, 2013 Fulton County D. Rep. 2042, 2013 WL 3287155, 2013 Ga. LEXIS 599
Snippet: factual basis for equitable relief as in Code Section 19-6-9. However, such proceeding shall be held in abeyance