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.
History. 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 note discussing Georgia’s child support laws, their problems, and some proposed solutions, see 11 Ga. L. Rev. 387 (1977).
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).