2020 Georgia Code
Title 19 - Domestic Relations
Chapter 6 - Alimony and Child Support
Article 1 - General Provisions
§ 19-6-22. Revision of Judgment for Permanent Alimony - Expenses of Litigation
Where a petition authorized by subsection (a) of Code Section 19-6-19 is filed by a party obligated to pay alimony, the court may require the party to pay the reasonable expenses of litigation as may be incurred by the party's former spouse on behalf of the former spouse in defense thereof.
(Ga. L. 1955, p. 630, § 4; Ga. L. 1979, p. 466, § 26; Ga. L. 2005, p. 224, § 9/HB 221; Ga. L. 2006, p. 583, § 8/SB 382.)
Editor's notes.- 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."
Law reviews.- 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 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 on 2005 amendment of this Code section, see 22 Ga. St. U.L. Rev. 73 (2005).
JUDICIAL DECISIONS
Counterclaim is petition for purposes of Ga. L. 1979, p. 466, § 26 and will support a trial court's award of reasonable compensation for those attorney fees incurred solely in defense of the liable former spouse's counterclaim. Wright v. Wright, 246 Ga. 81, 268 S.E.2d 666 (1980).
Award of reasonable attorney fees to spouse contesting modification.
- Spouse contesting modification sought by one obligated to pay may be awarded reasonable attorney fees during the pendency of the litigation, including an interlocutory award. Hilsman v. Hilsman, 245 Ga. 555, 266 S.E.2d 173 (1980).
Discretion of court.
- Trial court's discretion in making an award under O.C.G.A. § 19-6-22 is not limited to a consideration of the financial circumstances of the party opposing modification. Shapiro v. Lipman, 259 Ga. 85, 377 S.E.2d 673 (1989).
Trial court may grant attorney fees if such fees are determined necessary to insure a proper defense, and upon consideration of the present financial circumstances of the parties. Hilsman v. Hilsman, 245 Ga. 555, 266 S.E.2d 173 (1980).
While an award of attorney fees in a modification action is not mandatory or a condition precedent to bringing an application, the trial judge may in the exercise of judicial discretion, award attorney's fees and expenses of litigation incurred during the pendency of the proceedings. Hilsman v. Hilsman, 245 Ga. 555, 266 S.E.2d 173 (1980).
Attorney fees in action for change of custody.
- O.C.G.A. § 19-6-22 does not authorize an award of attorney fees for an action for a change of custody. Haselden v. Haselden, 255 Ga. 366, 338 S.E.2d 257 (1986); Owen v. Owen, 183 Ga. App. 472, 359 S.E.2d 229 (1987).
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); Wehner v. Parris, 258 Ga. App. 772, 574 S.E.2d 921 (2002).
RESEARCH REFERENCES
ALR.
- Right of former wife to counsel fees upon application after absolute divorce to increase or decrease alimony, 15 A.L.R.2d 1252.
Right to attorneys' fees in proceeding, after absolute divorce, for modification of child custody or support order, 57 A.L.R.4th 710.
