DOMESTIC RELATIONS Alimony and Child Support Generally: Clarify that a Motion to Enforce an Alimony or Child Support Order by Attachment for Contempt is Part of the Underlying Action and Does Not Constitute a New Action; Provide for the Nature of Contempt Proceedings as Part of the Underlying Alimony or Child Support Action; Provide that a New Filing Fee Is Not Required for Such Actions

Authors

James M. Spielberger

Document Type

Peach Sheet

Abstract

The Act amends Code section 19-6-28, which relates to the enforcement of orders for alimony or child support. It strikes subsection (a) in its entirety, which granted courts the power to subject respondents to terms and conditions they deem proper to assure compliance with orders, including the power to punish violators to the same extent provided by law for contempt in other actions or proceedings. The Act replaces the former law with a new subsection (a) that provides the same powers, but also includes a provision that any compliance proceeding will be a part of the original action. The new subsection further provides that a motion for such enforcement will not require the filing of a new action or the payment of a new filing fee. The Act applies to previously entered support orders in addition to those entered on or after the effective date.

Recommended Citation

James M. Spielberger, DOMESTIC RELATIONS Alimony and Child Support Generally: Clarify that a Motion to Enforce an Alimony or Child Support Order by Attachment for Contempt is Part of the Underlying Action and Does Not Constitute a New Action; Provide for the Nature of Contempt Proceedings as Part of the Underlying Alimony or Child Support Action; Provide that a New Filing Fee Is Not Required for Such Actions, 16 Ga. St. U. L. Rev. (1999).
Available at: https://readingroom.law.gsu.edu/gsulr/vol16/iss1/8