2021 Georgia Code
Title 19 - Domestic Relations
Chapter 6 - Alimony and Child Support
Article 1 - General Provisions
§ 19-6-20. Revision of Judgment for Permanent Alimony, Generally - Issues for Court to Consider
In the trial on a petition authorized in subsection (a) of Code Section 19-6-19, the merits of whether a party is entitled to alimony are not an issue. The only issue is whether there has been such a substantial change in the income and financial status of either former spouse, in cases of permanent alimony for the support of a former spouse, as to warrant either a downward or upward revision or modification of the permanent alimony judgment.
(Ga. L. 1955, p. 630, § 2; Ga. L. 1977, p. 1253, § 2; Ga. L. 1979, p. 466, § 24; Ga. L. 1986, p. 1259, § 2; Ga. L. 2005, p. 224, § 7/HB 221; Ga. L. 2006, p. 583, § 8/SB 382.)
Editor's notes.- 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. 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 survey article on domestic relations, see 34 Mercer L. Rev. 113 (1982). For article, "The Modification of Judgment for Spousal Alimony and for Child Support Alimony: Criticism and Suggested Reform," see 22 Ga. St. B.J. 76 (1985). For article on 2005 amendment of this Code section, see 22 Ga. St. U.L. Rev. 73 (2005). For note discussing Georgia's child support laws, their problems, and some proposed solutions, see 11 Ga. L. Rev. 387 (1977).
JUDICIAL DECISIONS
Legislative intent.
- General Assembly intended by the enactment of Ga. L. 1955, p. 630, § 2 and other amending legislation to allow an alimony judgment for the support of a child to be revised upon a change in the liable former spouse's ability to pay. Ability to pay, however, is a function of income and recognized expenses. Wright v. Wright, 246 Ga. 81, 268 S.E.2d 666 (1980).
The 1979 amendment, changing "and modification" to "or modification" in the second sentence of O.C.G.A. § 19-6-20 was not intended to expand the scope of modification proceedings. Fender v. Fender, 249 Ga. 765, 294 S.E.2d 472 (1982).
O.C.G.A. § 19-6-20 does not preclude adjustment based on changes in Consumer Price Index to award of fixed amount of alimony. Hayes v. Hayes, 248 Ga. 526, 283 S.E.2d 875 (1981).
Modification of spouse support judgments only by raising or lowering payments.
- Cases holding that judgment for child support may be modified only by raising or lowering amount of payments, and that while periodic payments for child support can be changed from a group award to a per capita award in a modification action, other terms and conditions of the original judgment cannot be changed apply equally to spouse support as well as child support. Fender v. Fender, 249 Ga. 765, 294 S.E.2d 472 (1982).
Substantial increase or decrease in income.
- Decrease of alimony and child support may be warranted by substantial increase in former wife's income or financial status since the date of the divorce decree or a substantial decrease in the former husband's income or financial status in such period. Cowan v. Cowan, 243 Ga. 25, 252 S.E.2d 454 (1979).
Increased expenses resulting from spouse's new wife and child are not change in financial status as would authorize a jury to reduce the child support payments the father was obligated to pay. Wright v. Wright, 246 Ga. 81, 268 S.E.2d 666 (1980).
Increased expenses will not preclude increased order of child support.
- When the liable former spouse's income has increased from the time of the divorce, increased expenses resulting from said spouse's new wife and child will not preclude the trier of fact from exercising the court's discretion so as to increase the child support payments that spouse is obligated to pay. Wright v. Wright, 246 Ga. 81, 268 S.E.2d 666 (1980).
Evidence of original divorce decree.
- Trial court presiding over an action for modification of alimony erred in refusing to allow the introduction into evidence of the original divorce decree. Cotton v. Cotton, 272 Ga. 276, 528 S.E.2d 255 (2000).
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).
RESEARCH REFERENCES
Am. Jur. 2d.
- 24A Am. Jur. 2d, Divorce and Separation, § 1005 et seq.
ALR.
- Power, in absence of reservation by statute or decree, to modify provision in decree of divorce or separation as to alimony or separate maintenance, 127 A.L.R. 741.
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.
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.
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.
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.
Death of obligor parent as affecting decree for support of child, 14 A.L.R.5th 557.
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.
