Alimony in Georgia can be withheld from the paying spouse’s earnings under a separate income withholding order, which the statute requires whenever a court establishes, enforces, or modifies alimony.
What the Statute Says
Under OCGA 19-6-32(b)(1), “upon the entry of a judgment or order establishing, enforcing, or modifying a child support obligation or spousal support obligation through a court, a separate income withholding order, if one has not been previously entered, shall be entered.” Under OCGA 19-6-32(d), the order directs the employer to withhold the support amount plus “an additional amount until the arrearage is paid in full” and to send it to the Family Support Registry, and under OCGA 19-6-32(e) it takes effect immediately unless the court finds good cause or the parties agree in writing on another arrangement. Older cases call it an income deduction order; our child support posts cover the mechanics.
The Court Must Enter It
In Georgia Department of Human Resources v. Wood, 219 Ga. App. 778 (1996), a husband was $4,317.16 behind on alimony but current on child support, and the trial court entered judgment for the arrearage yet refused “to grant an Income Deduction Order in any form.” The Court of Appeals reversed, holding that refusing the order “with respect to a child support or spousal support judgment entered after July 1, 1989, was procedural error.” The statute then required an application to the state agency; today’s text does not.
What Is Different for Alimony
Under OCGA 19-11-6(d) and 19-6-32(b)(2), the Division of Child Support Services issues withholding notices for alimony only while it is also enforcing child support for the same family. A former spouse without a child support case gets the order from the court and serves it on the employer under OCGA 19-6-33(b). Under OCGA 19-6-33(d)(1), the paying spouse may contest withholding only for a “mistake of fact” about the amount owed, the arrearage, or the obligor’s identity.
Contact Us
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!