A Georgia temporary alimony order is enforced the same way a final one is: by contempt, by execution against property, by garnishment, or by withholding from wages.
What the Statute Says
Under OCGA 19-6-3(d), a temporary alimony order “may be enforced either by writ of fieri facias or by attachment for contempt.” Under OCGA 19-6-28(a), the court may punish a violation “to the same extent as is provided by law for contempt of the court in any other action.” Under OCGA 19-6-28(b), the contempt motion and rule nisi may be served by first-class mail with an acknowledgment form.
Contempt
Contempt is the usual route. In Moore v. Moore, 207 Ga. 335 (1950), the husband earned $1.10 an hour, offered nothing to show he could not pay, and said he “wouldn’t pay it”; the contempt finding was affirmed. Willfulness, the inability-to-pay defense, and jail work the same as for child support; see our posts on contempt and jail for unpaid child support.
Garnishment and Wage Withholding
Morrison v. Morrison, 153 Ga. App. 818 (1980), holds that “[b]oth contempt and garnishment are appropriate methods of enforcing a temporary alimony award.” Under OCGA 18-4-50(3), continuing garnishment for support reaches “periodic support” for “a spouse or former spouse,” and under OCGA 19-6-32(b)(1), an order “establishing, enforcing, or modifying a child support obligation or spousal support obligation” is to be accompanied by a separate income withholding order. The mechanics are in our child support posts on garnishment and income deduction orders.
Two Limits
Contempt reaches only what the order requires. In Daniel v. Daniel, 358 Ga. App. 880 (2021), the husband could not be held in contempt for expenses the wife paid before the temporary order existed, though the court could still order him to reimburse them. And under OCGA 19-6-3(e), failing to pay “shall not deprive a party of the right either to prosecute or to defend the case.”
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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!