Applicability of Code Section 19-6-18 or Code Sections 19-6-19 Through 19-6-22 to Judgments Prior to March 9, 1955

  1. Law
  2. Georgia Code
  3. Domestic Relations
  4. Alimony and Child Support
  5. General Provisions
  6. Applicability of Code Section 19-6-18 or Code Sections 19-6-19 Through 19-6-22 to Judgments Prior to March 9, 1955

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Code Section 19-6-18 or Code Sections 19-6-19 through 19-6-22, as applicable, shall apply to all judgments for permanent alimony for the support of a wife rendered prior to March 9, 1955, where all the following conditions are met:

  1. Both parties to the case in which the judgment for permanent alimony was rendered consent in writing to the revision, amendment, alteration, settlement, satisfaction, or release thereof;
  2. There are no minor children involved or, if there were minor children at the time the original judgment was rendered, the children are all of age at the time the application is filed;
  3. The judge of the court wherein the original judgment for permanent alimony was rendered approves the revision, amendment, alteration, settlement, satisfaction, or release; and
  4. The consent of the parties, together with the court's approval, is filed with the clerk of the court wherein the original judgment for permanent alimony was rendered.

(Ga. L. 1957, p. 94, § 1; Ga. L. 2005, p. 224, § 10/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 survey article on domestic relations, see 34 Mercer L. Rev. 113 (1982).

JUDICIAL DECISIONS

General rule applicable prior to 1955 enactment.

- General rule applicable to decrees entered prior to enactment of Ga. L. 1955, p. 630, and Ga. L. 1957, p. 94, is that permanent alimony cannot be modified or revised by the trial judge after the final decree has been rendered. Fricks v. Fricks, 215 Ga. 137, 109 S.E.2d 596 (1959).

Exception to general rule is allowed, provided: (1) there was no jury trial as to permanent alimony, and the question of permanent alimony was disposed of by agreement of the parties incorporated in the decree and made the judgment of the court; and (2) the power to change or modify the decree was reserved to the court by consent of the parties. Fricks v. Fricks, 215 Ga. 137, 109 S.E.2d 596 (1959).

Cited in Zuber v. Zuber, 215 Ga. 314, 110 S.E.2d 370 (1959); Barrett v. Barrett, 215 Ga. 697, 113 S.E.2d 118 (1960); Roberts v. Mandeville, 217 Ga. 90, 121 S.E.2d 150 (1961); Deese v. Deese, 230 Ga. 105, 196 S.E.2d 16 (1973); Johnson v. Johnson, 232 Ga. 103, 205 S.E.2d 270 (1974); Haberman v. Bivens, 235 Ga. 537, 221 S.E.2d 11 (1975); Oliver v. Oliver, 244 Ga. 20, 257 S.E.2d 527 (1979); Bisno v. Biloon, 161 Ga. App. 351, 291 S.E.2d 66 (1982).


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