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What Happens When Alimony Goes Unpaid in Georgia

Unpaid alimony in Georgia is collected the way child support is, by contempt, execution, garnishment, or wage withholding, with a few differences when the payee is a former spouse rather than a child.

What the Statute Says

Under OCGA 19-6-4(b), “[a] grant of permanent alimony may be enforced either by writ of fieri facias or by attachment for contempt,” and OCGA 19-6-28(a) supplies the contempt power. In McKenna v. Gray, 263 Ga. 753 (1994), the Georgia Supreme Court held that an ordinary money judgment cannot be enforced by contempt, but alimony can, because “a statute specifically provides for the imposition of contempt sanctions.”

You Do Not Have to Choose

In Lipton v. Lipton, 211 Ga. 442 (1955), the Supreme Court held that “the doctrine of election of remedies has no application” to an alimony judgment, so a wife who had levied on her husband’s property could move for contempt as well; both run until the judgment is paid. Each remedy has its own post here.

Interest and Time Limits

OCGA 7-4-12.1(a), quoted in McCarthy v. Ashment, 353 Ga. App. 270 (2019), gives every award “rendered pursuant to Title 19” interest “at the rate of 7 percent per annum commencing 30 days” after each installment is due, which Saint-Albin v. Eubanks, No. A25A0218 (Ga. App. 2025), applied to alimony. Under OCGA 9-12-60(d), the dormancy rules “shall not apply to judgments or orders for child support or spousal support,” though Brown v. Brown, 269 Ga. 724 (1998), limits that to judgments entered after July 1, 1997.

What Is Different From Child Support

The state child support agency enforces alimony only alongside child support for the same family, OCGA 19-11-6(d), and license suspension under OCGA 19-6-28.1 is written for child support orders. If a spouse dies before the court rules on alimony, OCGA 19-6-1(d) makes the claim “a lien upon the estate of the deceased party.” A property settlement, bankruptcy, and death after the award each have their own post.

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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!

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