A Georgia court can jail a former spouse who can pay court-ordered alimony and refuses, and the spouse who stopped paying bears the burden of proving inability to pay.
How the Motion Works
Under OCGA 19-6-4(b), permanent alimony “may be enforced either by writ of fieri facias or by attachment for contempt,” and under OCGA 19-6-28(b) the motion may be served by first-class mail with an acknowledgment form; that subsection’s 30-day hearing deadline covers child support motions only. Willfulness, jail, and release work as they do for child support; see those posts.
Inability to Pay
In Weiner v. Weiner, 219 Ga. 44 (1963), the Georgia Supreme Court held that “[t]he burden is on defendant to show affirmatively that he is unable to pay the judgment of the court,” and counted property as well as income; a husband with a shopping center, securities, and a $6,500 honeymoon was in contempt. Likewise, in Smith v. Smith, 224 Ga. 689 (1968), a disabled husband with home equity and stock he had shifted to his new wife was in contempt, and whether the ex-wife “is working and earning money is not a factor to be considered.” By contrast, in Brady v. Brady, 228 Ga. 793 (1972), a husband with a heart condition, no income, and an order barring him from selling property could not be held in contempt. And in Bernard v. Bernard, 347 Ga. App. 429 (2018), a husband owing over $100,000 who offered no evidence that he had tried to borrow, cut spending, or pay was jailed until he paid.
Purging
In McCullough v. McCullough, 208 Ga. 776 (1952), a jailed husband was released on paying $2.50 a week toward the arrears, because “[i]mprisonment for contempt is always conditional,” but the court cannot reduce what is owed, Vickers v. Vickers, 220 Ga. 258 (1964). If contempt fails, the judgment is still collectible by execution and garnishment.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!