2020 Georgia Code
Title 19 - Domestic Relations
Chapter 6 - Alimony and Child Support
Article 1 - General Provisions
§ 19-6-21. Revision of Judgment for Permanent Alimony - Not Available in Case of Lump Sum Award

A petition authorized in subsection (a) of Code Section 19-6-19 can be filed only where a party has been ordered by the final judgment in an alimony or divorce and alimony action to pay permanent alimony in weekly, monthly, annual, or similar periodic payments and not where the former spouse of such party has been given an award from the corpus of the party's estate in lieu of such periodic payment.

(Ga. L. 1955, p. 630, § 3; Ga. L. 1979, p. 466, § 25; Ga. L. 2005, p. 224, § 8/HB 221; Ga. L. 2006, p. 583, § 8/SB 382.)

- 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 discussing Georgia alimony provisions allowing modification of judgments with respect to federal and state constitutional limitations, see 18 Ga. B.J. 153 (1955). For survey article on domestic relations, see 34 Mercer L. Rev. 113 (1982). For article on 2005 amendment of this Code section, see 22 Ga. St. U.L. Rev. 73 (2005). For note, "The Significance of Stokes v. Stokes: An Examination of Property Rights Upon Divorce in Georgia," see 16 Ga. L. Rev. 695 (1982).

JUDICIAL DECISIONS

Periodic payments distinguished from lump sum award.

- Unless the decree or alimony trial transcript shows to the contrary: (a) a decree specifying periodic payments for an uncertain time (e.g., until death or remarriage) with no indication of gross amount is alimony and is revisable; (b) a decree specifying periodic payments for a given time with no indication of gross amount other than by multiplying the amount due by the number of payment periods is alimony and is revisable; (c) a decree specifying periodic payments to be made until a given sum (i.e., an amount stated) has been paid is division of property or payment of corpus and is not revisable. Nash v. Nash, 244 Ga. 749, 262 S.E.2d 64 (1979).

In a divorce case when the plain language of the parties' agreement manifests an intent to provide a home for the children, with the custodian making the payments, until such time as both parties agree in writing to sell the home and divide the equity, this is clearly an award of lump sum alimony and is not subject to modification. Lyons v. Lyons, 244 Ga. 619, 261 S.E.2d 395 (1979).

- One-time payments, whether alimony, payments of corpus or divisions of separate property of parties, are not subject to revision. Nash v. Nash, 244 Ga. 749, 262 S.E.2d 64 (1979).

- Right to petition for modification of child support belongs to the child or children involved which may be exercised at the election of the mother or other person having legal custody of the children under the terms of the divorce decree. Crosby v. Crosby, 249 Ga. 569, 292 S.E.2d 814 (1982).

- Right to petition for modification of child support belongs to the children and cannot be waived by the mother. Crosby v. Crosby, 249 Ga. 569, 292 S.E.2d 814 (1982).

- O.C.G.A. § 19-6-19 does not preclude award providing for automatic adjustments based on changes in Consumer Price Index. Hayes v. Hayes, 248 Ga. 526, 283 S.E.2d 875 (1981).

Automatic adjustment provision does not preclude either party from seeking modification. Hayes v. Hayes, 248 Ga. 526, 283 S.E.2d 875 (1981).

- Bankruptcy Court erred in ruling that the jury award of $250,000.00 lump sum alimony was in the nature of alimony, maintenance, or support and thus was nondischargeable pursuant to 11 U.S.C. § 523. Ackley v. Ackley, 187 Bankr. 24 (N.D. Ga. 1995).

Fact that a lump sum alimony award to a wife was non-modifiable did not negate the possibility that the award was for the wife's maintenance and support; even though a lump sum alimony award was in the "nature" of a property settlement since the evidence showed that the lump sum award was for the wife's maintenance and support, the finding that it was for that purpose, rather than a division of property which was dischargeable in bankruptcy, was affirmed. Daniel v. Daniel, 277 Ga. 871, 596 S.E.2d 608 (2004).

- Trial court did not err in dismissing a former spouse's motion for modification of alimony because the award was a lump sum settlement of property rights not subject to modification under O.C.G.A. § 19-6-19(a) or lump sum alimony not subject to modification under O.C.G.A. § 19-6-21. Rivera v. Rivera, 283 Ga. 547, 661 S.E.2d 541 (2008).

Cited in Oliver v. Oliver, 244 Ga. 20, 257 S.E.2d 527 (1979); Kaufmann v. Kaufmann, 245 Ga. 721, 267 S.E.2d 16 (1980); Nix v. Nix, 185 Bankr. 929 (Bankr. N.D. Ga. 1994).