Yes. A Georgia parent who is able to pay child support and refuses can be jailed for contempt, but the jail door stays open to a parent who pays or proves they cannot.
Civil Contempt: Jail Until You Pay
In Ensley v. Ensley, 239 Ga. 860 (1977), the Georgia Supreme Court explained why this is not imprisonment for debt: “A man who refuses to pay alimony or child support when he is able to do so is imprisoned for his refusal to abide by the court’s order, not for debt.”
Inability to Pay Requires Release
In Hughes v. Department of Human Resources, 269 Ga. 587 (1998), a father owing over $31,000 was jailed until he paid $19,860. He later proved he had no money or property, but the trial court kept him jailed because the debt had built up over six years. The Supreme Court reversed: “Imprisonment under civil sanctions is always conditional and a party found in contempt may apply for release at any time upon a showing of inability to pay.”
Likewise, in Gallaher v. Breaux, 286 Ga. App. 375 (2007), a father who lost his job while jailed had to be released once he proved he could not purge.
Criminal Contempt Is Limited
A court may instead impose a fixed, unconditional sentence, but under OCGA 15-6-8(5) that is capped at a $1,000 fine and 20 days in jail per violation. In Gay v. Gay, 268 Ga. 106 (1997), a 45-day sentence was sent back because the order did not identify three separate contemptuous acts.
Automatic Arrest Orders
An order that jails a parent on the other side’s word alone is invalid. In Hall v. Doyle-Hall, 284 Ga. 325 (2008), the Supreme Court struck a provision letting the ex-wife’s attorney trigger incarceration by affidavit, holding that the affidavit “must come from a neutral and disinterested court official or other officer based upon objective information.”
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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!