A Georgia judge who holds a working spouse in contempt for unpaid alimony can send that spouse to a county diversion center instead of jail, so the job continues and the wages go toward the arrearage.
What the Statute Says
Under OCGA 15-1-4(c), when a person “who is gainfully employed” violates an order “granting temporary or permanent alimony or child support” and is held in contempt, “the sentencing judge may sentence the respondent to a term of confinement in a diversion center and participation in a diversion program if such a program has been established by a county.” Not every county has one. In Hughes v. Department of Human Resources, 269 Ga. 587 (1998), Justice Hunstein described it: the contemnor “can travel to and from work and continue his occupation” but is otherwise confined.
How It Works in Practice
In Cross v. Ivester, 315 Ga. App. 760 (2012), a father $22,810 behind was jailed on weekday work release until he paid. When he spent working hours delivering paperwork to a judge’s office, the court revoked work release for ten days, and the Court of Appeals affirmed: under the diversion statute as it then read, a participant not traveling to or from work “shall be confined in the diversion center,” and a violation lets the judge revoke the assignment.
Its Limits
It is civil contempt, so it ends when the ability to pay does. In Gallaher v. Breaux, 286 Ga. App. 375 (2007), a father jailed until he paid $24,709 lost his job in jail and showed he had no assets. The Court of Appeals held that once he “established his inability to pay, the trial court had no authority to continue his incarceration and thus no authority to confine him in a diversion center or to place him in a work release program.” The sentence changes where a spouse is confined, not whether; the defense is in our contempt posts.
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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!