Enforcement of Orders; Contempt; Service of Rule Nisi by Mail; Rule Nisi Form

1. Law
2. Georgia Code
3. Domestic Relations
4. Alimony and Child Support
5. General Provisions
6. Enforcement of Orders; Contempt; Service of Rule Nisi by Mail; Rule Nisi Form

1. In addition to other powers specified in this chapter, the court shall have the power to subject the respondent to such terms and conditions as the court may deem proper to assure compliance with its orders and, in particular, shall have the power to punish the respondent who violates any order of the court to the same extent as is provided by law for contempt of the court in any other action or proceeding cognizable by the court. Any proceeding for compliance pursuant to this authority shall be a part of the underlying action, and a motion for such enforcement shall not constitute the filing of a new action or require the payment of a new filing fee.
2. In any proceeding to enforce a temporary or permanent grant of alimony or child support by attachment for contempt, the petitioner may serve the motion and rule nisi by mailing a copy of the motion and rule nisi by first-class mail, postage prepaid, to the respondent at the respondent's last known address together with two copies of a notice and acknowledgment conforming substantially to the form specified in subsection (c) of this Code section and a return envelope, postage prepaid, addressed to the sender. If service is perfected by acknowledgment of service in this manner, the petitioner shall file with the court the acknowledgment of the respondent; and such filing shall constitute a return of service. If no acknowledgment of service under this subsection is received by the petitioner within ten days after the date of such mailing, the petitioner shall notify the clerk of court and deposit the costs of service and service of such summons shall be made as provided in Code Section 9-11-4. The costs of such service shall be charged by the clerk of court to the respondent unless the respondent after motion and hearing establishes to the court that there is good reason why such person should not be so charged. A child support contempt motion shall be served upon a respondent with a notice that contains a date certain for hearing which shall be no later than 30 days from the date of service of the motion, unless good cause for a later date is found by the court, in which event the time for a hearing may be extended for up to 30 days.

(c) The form for notice and acknowledgment under subsection (b) of this Code section shall be substantially as follows:

IN THE SUPERIOR COURT OF ______ COUNTY

STATE OF GEORGIA

__________ ) Plaintiff ) ) v. ) Civil action ) File no. ______ ) __________ ) Defendant )

RULE NISI NOTICE AND

ACKNOWLEDGMENT

To: (insert the name and address of the person to be served) The enclosed motion and rule nisi are served pursuant to Official Code of Georgia Annotated Section 19-6-28. You must complete the acknowledgment part of this form and mail one copy of the completed form to the sender within ten days of the date of mailing to you, which date is set out below. You must sign and date the acknowledgment. If you are served on behalf of another person and you are authorized to receive process, you must indicate under your signature your authority. If you do not complete and return this form to the sender within ten days, you or the party on whose behalf you are being served will be required to pay any expenses incurred in serving a summons and complaint in any other manner permitted by law unless good and sufficient cause is shown to the contrary. If you do complete and mail this form, you or the party on whose behalf you are being served must appear and show cause why you should not be attached for contempt at the time required by the enclosed rule nisi. I declare, under penalty of perjury, that this Notice and Acknowledgment of Receipt will have been mailed on the date set out below. ________________________________ Signature ________________________________ Date of mailing

ACKNOWLEDGMENT OF RECEIPT

OF SUMMONS AND COMPLAINT

I declare, under penalty of perjury, that I received a copy of the motion and of the rule nisi in the above-captioned manner at (insert address). _____________________________________________________________________ Signature _____________________________________________________________________ Printed name of signer _____________________________________________________________________ Authority to receive service of process _____________________________________________________________________ Date of mailing

Service in accordance with subsections (b) and (c) of this Code section is in addition to any other method of service provided by law.

(Code 1981, §19-6-28, enacted by Ga. L. 1985, p. 785, § 3; Ga. L. 1987, p. 186, § 1; Ga. L. 1997, p. 1613, § 8; Ga. L. 1999, p. 633, § 1.)

Editor's notes.

- As enacted, Ga. L. 1987, p. 186, § 5, not codified by the General Assembly, provided that the amendment of this Code section by that Act would apply to process served on or after July 1, 1987, in both pending and new proceedings. However, Ga. L. 1987, p. 1114, § 2, not codified by the General Assembly, rewrote Ga. L. 1987, p. 186, § 5, to delete the reference to the applicability of the amendment to this Code section by the latter Act.

Law reviews.

- For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 121 (1997). For note on 1999 amendment of this Code section, see 16 Ga. St. U.L. Rev. 113 (1999).

JUDICIAL DECISIONS

Requirements for service of contempt motion met.

- Trial court did not err by failing to dismiss the ex-wife's contempt motion because the record established that O.C.G.A. § 19-6-28(b) was complied with in that the ex-wife filed a contempt motion on November 11, 2016, the motion was served on the ex-husband on November 14, 2016, and the ex-husband was later served with a rule nisi on December 7, 2016, which set the matter for trial on January 10, 2017; thus, the ex-husband was served the rule nisi within 30 days of the date of service. McCarthy v. Ashment, 353 Ga. App. 270, 835 S.E.2d 745 (2019).

Contempt finding supported by evidence, but attorney fee reversed.

- Trial court properly found a father in willful contempt of court for failure to make child support payments pursuant to the court's order legitimating the child, upon a mother's application, as the father's failure to make those payments was undisputed in the record, the father owned significant assets, and in contemplation of the contempt hearing, the father transferred some of those assets; however, an unsupported attorney-fee award to the mother was reversed, and an evidentiary hearing was ordered on remand. Webb v. Watkins, 283 Ga. App. 385, 641 S.E.2d 611 (2007).

Support accrued before agreement incorporated into judgment.

- Parent could not be held in contempt for child support that had accrued under a settlement agreement prior to the agreement's incorporation into a final judgment; based on the final judgment as well as the obligations set forth in the subsequent clarification order stating that the parent was not responsible for back child support, no clear directive was made as to the parent's obligation for child support prior to the final judgment. Gary v. Gowins, 283 Ga. 433, 658 S.E.2d 575 (2008).

Authority to enforce child support.

- Given the court's continuing, exclusive jurisdiction, a trial court possessed authority to enforce the child support provisions of a divorce decree prospectively and as to past violations. In exercising that authority, the trial court, as a matter of Georgia law, was able to impose contempt sanctions for willful violations of the court's decree. Baars v. Freeman, 288 Ga. 835, 708 S.E.2d 273 (2011).

Cited in Brown v. King, 266 Ga. 890, 472 S.E.2d 65 (1996).

RESEARCH REFERENCES

ALR.

- Divorce: propriety of using contempt proceeding to enforce property settlement award or order, 72 A.L.R.4th 298.

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