2021 Georgia Code
Title 19 - Domestic Relations
Chapter 6 - Alimony and Child Support
Article 1 - General Provisions
§ 19-6-19. Revision of Judgment for Permanent Alimony Generally - Petition and Hearing; Cohabitation With Third Party as Ground for Revision; Attorney's Fees; Temporary Modification

1. The judgment of a court providing permanent alimony for the support of a spouse rendered on or after July 1, 1977, shall be subject to revision upon petition filed by either former spouse showing a change in the income and financial status of either former spouse. A petition shall be filed and returnable under the same rules of procedure applicable to divorce proceedings. No petition may be filed by either former spouse under this subsection within a period of two years from the date of the final order on a previous petition by the same former spouse. After hearing both parties and the evidence, the jury, or the judge where a jury is not demanded by either party, may modify and revise the previous judgment, in accordance with the changed income and financial status of either former spouse in the case of permanent alimony for the support of a former spouse, or in accordance with the changed income and financial status of either former spouse if such a change in the income and financial status is satisfactorily proved so as to warrant the modification and revision. In the hearing upon a petition filed as provided in this subsection, testimony may be given and evidence introduced relative to the income and financial status of either former spouse.
2. Subsequent to a final judgment of divorce awarding periodic payment of alimony for the support of a spouse, the voluntary cohabitation of such former spouse with a third party in a meretricious relationship shall also be grounds to modify provisions made for periodic payments of permanent alimony for the support of the former spouse. As used in this subsection, the word "cohabitation" means dwelling together continuously and openly in a meretricious relationship with another person, regardless of the sex of the other person. In the event the petitioner does not prevail in the petition for modification on the ground set forth in this subsection, the petitioner shall be liable for reasonable attorney's fees incurred by the respondent for the defense of the action.
3. When an action for revision of a judgment for permanent alimony under this Code section is pending, the court in its discretion may allow, upon motion, the temporary modification of such a judgment, pending the final trial on the petition. In considering an application for temporary modification under this subsection, the court shall consider evidence of any changed circumstances of the parties and the reasonable probability of the petitioner obtaining revision upon final trial. The order granting temporary modification shall be subject to revision by the court at any time before final trial.
4. In proceedings for the modification of alimony for the support of a spouse pursuant to the provisions of this Code section, the court may award attorneys' fees, costs, and expenses of litigation to the prevailing party as the interests of justice may require.

(Ga. L. 1955, p. 630, § 1; Ga. L. 1964, p. 713, § 1; Ga. L. 1977, p. 1253, § 1; Ga. L. 1979, p. 466, § 23; Ga. L. 1984, p. 606, §§ 1, 2; Ga. L. 1985, p. 279, § 1; Ga. L. 1986, p. 1259, § 1; Ga. L. 1993, p. 1091, § 1; Ga. L. 2005, p. 224, § 6/HB 221; Ga. L. 2006, p. 583, § 8/SB 382.)

- Pursuant to Code Section 28-9-5, in 1985, "judgement" was changed to "judgment" in the first sentence of subsection (b).

- Ga. L. 1984, p. 606, § 3, not codified by the General Assembly, provided that the provisions of § 1 of that Act, which section amended subsection (a) of this Code section, would apply to judgments providing permanent alimony for the support of a spouse rendered on or after July 1, 1984, and to judgments providing permanent alimony for the support of a child or children rendered on or after July 1, 1984.

Ga. L. 1986, p. 1259, § 3, not codified by the General Assembly, provided: "This Act shall become effective July 1, 1986. The provisions of this Act shall apply to judgments providing permanent alimony for the support of a child or children rendered on or after July 1, 1986."

Ga. L. 1993, p. 1091, § 2, not codified by the General Assembly, provides that the 1993 amendment was applicable with respect to judgments entered before or after July 1, 1993.

Ga. L. 2005, p. 224, § 1/HB 221, not codified by the General Assembly, provides that: "The General Assembly finds and declares that it is important to assess periodically child support guidelines and determine whether existing guidelines continue to be viable and effective or whether they have failed or ceased to accomplish their original policy objectives. The General Assembly further finds that supporting Georgia's children is vitally important to the citizens of Georgia. Therefore, the General Assembly has determined that it is in the best interests of the state and its citizenry to undertake an evaluation of the child support guidelines on a continuing basis. The General Assembly declares that it is important that all of Georgia's children are provided with adequate financial support whether the children's parents are living together or not living together. The General Assembly finds that both parents have a continuing obligation with respect to providing financial and emotional stability for their child or children. It is the hope of the members of the General Assembly that all parents work together to advance the best interest of their children."

Ga. L. 2006, p. 583, § 10(b)/SB 382, not codified by the General Assembly, provides: "Sections 1 through 7 of this Act shall become effective on January 1, 2007, and shall apply to all pending civil actions on or after January 1, 2007."

- For article surveying Georgia cases in the area of domestic relations from June 1979 through May 1980, see 32 Mercer L. Rev. 51 (1980). For article, "An Analysis of the Georgia 'Live-In Lover' Law," see 32 Mercer L. Rev. 375 (1980). For article surveying developments in Georgia constitutional law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 51 (1981). For article surveying developments in Georgia domestic relations law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 109 (1981). For survey article on domestic relations, see 34 Mercer L. Rev. 113 (1982). For article discussing the law on alimony modification, see 19 Ga. St. B.J. 130 (1983). For article, "The Modification of Judgments for Spousal Alimony and for Child Support Alimony: Criticism and Suggested Reform," see 22 Ga. St. B.J. 76 (1985). For annual survey of domestic relations law, see 41 Mercer L. Rev. 159 (1989). For annual survey article discussing developments in domestic relations law, see 51 Mercer L. Rev. 263 (1999). For survey article on domestic relations cases for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 223 (2003). For annual survey of domestic relations law, see 56 Mercer L. Rev. 221 (2004). For article on 2005 amendment of this Code section, see 22 Ga. St. U.L. Rev. 73 (2005). For annual survey of law on appellate practice and procedure, see 62 Mercer L. Rev. 25 (2010). For article, "Live-In Lover Complaints: Think Twice Before You File," see 19 Ga. St. B.J. 11 (Oct. 2013). For annual survey on domestic relations, see 70 Mercer L. Rev. 81 (2018). For note, "The Significance of Stokes v. Stokes: An Examination of Property Rights Upon Divorce in Georgia," see 16 Ga. L. Rev. 695 (1982). For note on 1993 amendment of this Code section, see 10 Ga. St. U.L. Rev. 118 (1993). For comment, "Antenuptial Agreements and Divorce in Georgia: Scherer v. Scherer," see 17 Ga. L. Rev. 231 (1982). For comment on adoptions by homosexuals, see 55 Mercer L. Rev. 1415 (2004).

ANALYSIS

• General Consideration
• Effect of 1977 Amendment to Section
• Waiver of Right to Modification
• Two-year Petition Limitation
• Changes Warranting Modification
• Live-in Lover Provision
• Application
• Attorney's Fees

Two-year limitation on filing of modification petitions discussed. See 1980 Op. Att'y Gen. No. U80-46.

Construed with § 19-11-12. - O.C.G.A. § 19-11-12 and the statute's provisions did not prejudice or otherwise affect a right to employ the modification of child support remedy available under O.C.G.A. § 19-6-19. 1990 Op. Att'y Gen. No. U90-24.

RESEARCH REFERENCES

Am. Jur. 2d.

- 24A Am. Jur. 2d, Divorce and Separation, §§ 704, 729 et seq., 998 et seq.

- 27B C.J.S., Divorce, § 652 et seq. 27C C.J.S., Divorce, § 1011 et seq.

- Unchastity of wife as affecting prior separation agreement, 8 A.L.R. 1452.

Decree for alimony in installments as within full faith and credit provision, 41 A.L.R. 1419; 157 A.L.R. 170.

Power, in absence of reservation by statute or decree, to modify provision in decree of divorce or separation as to alimony or separate maintenance, 71 A.L.R. 723; 127 A.L.R. 741.

Validity and enforceability of agreement to pay more or less alimony than that provided for by decree or order, 84 A.L.R. 299.

Divorced wife's failure to comply with order or decree as affecting her right to enforce provision for alimony, 88 A.L.R. 199.

Power of court to relieve husband permanently of duty to pay alimony awarded by decree, 100 A.L.R. 1262.

Alimony as affected by remarriage, 112 A.L.R. 246; 48 A.L.R.2d 270.

Attack on divorce decree by second spouse of party to divorce, 120 A.L.R. 815.

Change of conditions since decree for alimony rendered in another state as proper matter for consideration in enforcement of local decree based on the decree in the other state, 134 A.L.R. 321.

Propriety and effect of anticipatory provision in decree for alimony in respect of remarriage or other change of circumstances, 155 A.L.R. 609.

Power of court to modify decree for alimony or support as affected by agreement or release executed after entry of decree, 166 A.L.R. 370.

Power of court to modify decree for support, alimony, or the like based on agreement of parties, 166 A.L.R. 675.

Husband's default, contempt, or other misconduct as affecting modification of decree for alimony, separate maintenance, or support, 6 A.L.R.2d 835.

Change in financial condition or needs of husband or wife as ground for modification of decree for alimony or maintenance, 18 A.L.R.2d 10.

Service of notice to modify divorce decree or other judgment as to child's custody upon attorney who represented opposing party, 42 A.L.R.2d 1115.

Necessity of personal service within state upon nonresident spouse as prerequisite of court's power to modify its decree as to alimony or child support in matrimonial action, 62 A.L.R.2d 544.

Obligation under property settlement agreement between spouses as dischargeable in bankruptcy, 74 A.L.R.2d 758.

Change in financial condition or needs of parents or children as ground for modification of decree for child support payments, 89 A.L.R.2d 7.

Divorce and separation: mutual mistake as to tax consequences as ground for relief against property settlement, 39 A.L.R.3d 1376.

Annulment of later marriage as reviving prior husband's obligations under alimony decree or separation agreement, 45 A.L.R.3d 1033.

Retrospective increase in allowance for alimony, separate maintenance, or support, 52 A.L.R.3d 156.

Divorce: power of court to modify decree for alimony or support of spouse which was based on agreement of parties, 61 A.L.R.3d 520.

Divorce: power of court to modify decree for support of child which was based on agreement of parties, 61 A.L.R.3d 657.

Effect, in subsequent proceedings, of paternity findings or implications in divorce or annulment decree or in support or custody order made incidental thereto, 78 A.L.R.3d 846.

Divorced wife's subsequent sexual relations or misconduct as warranting, alone or with other circumstances, modification of alimony decree, 98 A.L.R.3d 453.

Responsibility of noncustodial divorced parent to pay for, or contribute to, costs of child's college education, 99 A.L.R.3d 322.

Laches or acquiescence as defense, so as to bar recovery of arrearages of permanent alimony or child support, 5 A.L.R.4th 1015.

Validity and enforceability of escalation clause in divorce decree relating to alimony and child support, 19 A.L.R.4th 830.

Effect of remarriage of spouses to each other on child custody and support provisions of prior divorce decree, 26 A.L.R.4th 325.

Divorce: excessiveness or adequacy of combined property division and spousal support awards - modern cases, 55 A.L.R.4th 14.

Right to attorneys' fees in proceeding, after absolute divorce, for modification of child custody or support order, 57 A.L.R.4th 710.

Power to modify spousal support award for a limited term, issued in conjunction with divorce, so as to extend the term or make the award permanent, 62 A.L.R.4th 180.

Divorce: voluntary contributions to child's education expenses as factor justifying modification of spousal support award, 63 A.L.R.4th 436.

Loss of income due to incarceration as affecting child support obligation, 27 A.L.R.5th 540.

Alimony as affected by recipient spouse's remarriage in absence of controlling specific statute, 47 A.L.R.5th 129.

Initial award or denial of child custody to homosexual or lesbian parent, 62 A.L.R.5th 591.

Custodial parent's homosexual or lesbian relationship with third person as justifying modification of child custody order, 65 A.L.R.5th 591.

Custodial parent's relocation as grounds for change of custody, 70 A.L.R.5th 377.

Right to credit on child support for health insurance, medical, dental, and orthodontic expenses paid for child's benefit while child is not living with obligor parent, 1 A.L.R.6th 493.

Right to credit on child support for contributions to educational expenses of child while child is not living with obligor parent, 2 A.L.R.6th 439.

Right to credit on child support for contributions to travel expenses of child while child is not living with obligor parent, 3 A.L.R.6th 641.

Right to credit on child support for continued payments to custodial parent for child who has reached majority or otherwise become emancipated, 4 A.L.R.6th 531.

Retirement of husband as change of circumstances warranting modification of divorce decree - Conventional retirement at 65 years of age or older, 11 A.L.R.6th 125.

Retirement of husband as change of circumstances warranting modification of divorce decree - early retirement, 36 A.L.R.6th 1.