Georgia Senate - 1995/1996 Sessions

SB 7 - Alimony, Child Support - contempt sentencing of cert. employed

Page Numbers - 1/ 2/ 3

Code Sections - 7-4-12.1/ 42-8-130

1. Guhl  45th


Senate Comm: Judy       /         House Comm: Judy       /                                          
Senate Vote: Yeas 53    Nays 0                                                                      
           ---------------------------------------------                                            
              Senate          Action          House                                                 
           ---------------------------------------------                                            
             1/11/95   Read 1st time          2/21/95                                               
             2/15/95   Favorably Reported     1/25/96*                                              
             Sub       Committee Amend/Sub    Sub                                                   
             2/16/95   Read 2nd Time          2/22/95                                               
                       Committed              3/17/95                                               
             2/20/95   Read 3rd Time          3/15/96                                               
             2/20/95   Passed/Adopted         3/15/96                                               
             CS        Comm/Floor Amend/Sub   CS/FA                                                 
             3/18/96   Amend/Sub Agreed To                                                          
             3/27/96   Sent To Governor                                                             
             4/8/96    Signed by Governor                                                           
             800       Act/Veto Number                                                              
           ---------------------------------------------                                            
*3/9/95  Favorably reported by substitute in House.                                                 
                                                                                                    
Code Sections amended: 7-4-12.1, 15-1-4, 42-8-130                                                   


SB 7   96                                              SB7/AP

      SENATE BILL 7

      By:  Senator Guhl of the 45th


                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Article 1 of Chapter 4 of Title 7 of the Official
  1- 2  Code of Georgia Annotated, relating to general provisions
  1- 3  relative to interest and usury, so as to provide for
  1- 4  interest on arrearage on child support, whether or not such
  1- 5  arrearages have been reduced to judgment; to provide for
  1- 6  applicability; to amend Code Section 15-1-4 of the Official
  1- 7  Code of Georgia Annotated, relating to extent of contempt
  1- 8  power and when jury trial required, so as to provide that
  1- 9  when a person who is gainfully employed violates an order of
  1-10  the court granting temporary or permanent alimony or child
  1-11  support and the judge finds the person in contempt of court,
  1-12  the sentencing judge may sentence the respondent to a term
  1-13  of confinement in a diversion center and participation in a
  1-14  diversion program operated by a county; to amend Chapter 8
  1-15  of Title 42 of the Official Code of Georgia Annotated,
  1-16  relating to probation, so as to authorize any county to
  1-17  establish a diversion center and diversion program for
  1-18  certain persons who have been found in contempt of court for
  1-19  violation of orders granting temporary or permanent alimony
  1-20  or child support; to provide that while the respondent is in
  1-21  the diversion program, he or she shall continue to engage in
  1-22  his or her occupation and shall satisfy any obligations of
  1-23  alimony or child support; to provide that the respondent
  1-24  shall be confined to the diversion center during certain
  1-25  periods; to require the respondent to pay a certain fee to
  1-26  cover the costs of incarceration and the administration of
  1-27  the diversion program if funds remain after payment of
  1-28  alimony or child support; to authorize alternative methods
  1-29  of incarceration in certain circumstances; to provide for
  1-30  other features of the diversion program; to repeal
  1-31  conflicting laws; and for other purposes.

  1-32       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-33  Article 1 of Chapter 4 of Title 7 of the Official Code of
  1-34  Georgia Annotated, relating to general provisions relative


                               S. B. 7
                                 -1- (Index)

                                                      SB7/AP

  2- 1  to interest and usury, is amended by inserting immediately
  2- 2  following Code Section 7-4-12 the following:

  2- 3    "7-4-12.1. (Index)

  2- 4    All awards of child support expressed in monetary amounts
  2- 5    shall accrue interest at the rate of 12 percent per annum
  2- 6    commencing 30 days from the day such award or payment is
  2- 7    due. This Code section shall apply to all awards, court
  2- 8    orders, decrees, and judgments rendered pursuant to Title
  2- 9    19.  It shall not be necessary for the party to whom the
  2-10    child support is due to reduce any such award to judgment
  2-11    in order to recover such interest."

                         SECTION 2.

  2-12  Code Section 15-1-4 of the Official Code of Georgia
  2-13  Annotated, relating to extent of contempt power and when
  2-14  jury trial required, is amended by adding at the end thereof
  2-15  a new subsection (c) to read as follows:

  2-16      "(c)(1) When a person who is gainfully employed violates
  2-17      an order of the court granting temporary or permanent
  2-18      alimony or child support and the judge finds the person
  2-19      in contempt of court, the sentencing judge may sentence
  2-20      the respondent to a term of confinement in a diversion
  2-21      center and participation in a diversion program if such
  2-22      a program has been established by a county pursuant to
  2-23      the provisions of Article 8 of Chapter 8 of Title 42."

                         SECTION 3.

  2-24  Chapter 8 of Title 42 of the Official Code of Georgia
  2-25  Annotated, relating to probation, is amended by adding at
  2-26  the end thereof a new Article 8 to read as follows:

                         "ARTICLE 8

  2-27    42-8-130. (Index)

  2-28    A county shall be authorized to establish a diversion
  2-29    center under the direction of the sheriff of the county in
  2-30    which the diversion center is located and a diversion
  2-31    program for the confinement of certain persons who have
  2-32    been found in contempt of court for violation of orders
  2-33    granting temporary or permanent alimony or child support
  2-34    and sentenced pursuant to subsection (c) of Code Section
  2-35    15-1-4. While in such diversion program, the respondent
  2-36    shall be authorized to travel to and from his or her place
  2-37    of employment and to continue his or her occupation. The
  2-38    official in charge of the diversion program or his or her

                               S. B. 7
                                 -2- (Index)

                                                      SB7/AP

  3- 1    designee shall prescribe the routes, manner of travel, and
  3- 2    periods of travel to be used by the respondent in
  3- 3    attending to his or her occupation. If the respondent's
  3- 4    occupation requires the respondent to travel away from his
  3- 5    or her place of employment, the amount and conditions of
  3- 6    such travel shall be approved by the official in charge of
  3- 7    the diversion center or his or her designee. When the
  3- 8    respondent is not traveling to or from his or her place of
  3- 9    employment or engaging in his or her occupation, such
  3-10    person shall be confined in the diversion center during
  3-11    the term of the sentence. With the approval of the sheriff
  3-12    or his or her designee, the respondent may participate in
  3-13    educational or counseling programs offered at the
  3-14    diversion center. While participating in the diversion
  3-15    program, the respondent shall be liable for alimony or
  3-16    child support as previously ordered, including arrears,
  3-17    and his or her income shall be subject to the provisions
  3-18    of Code Sections 19-6-30 through 19-6-33 and Chapter 11 of
  3-19    Title 19. In addition, should any funds remain after
  3-20    payment of child support or alimony, the respondent may be
  3-21    charged and a fee payable to the county operating the
  3-22    diversion program to cover the costs of his or her
  3-23    incarceration and the administration of the diversion
  3-24    program which fee shall be not more than $30.00 per day or
  3-25    the actual per diem cost of maintaining the respondent,
  3-26    whichever is less, for the entire period of time the
  3-27    person is confined to the center and participating in the
  3-28    program. If the respondent fails to comply with any of the
  3-29    requirements imposed upon him or her in accordance with
  3-30    this Code section, nothing shall prevent the sentencing
  3-31    judge from revoking said assignment to a diversion program
  3-32    and providing for alternative methods of incarceration."

                         SECTION 4.

  3-33  All laws and parts of laws in conflict with this Act are
  3-34  repealed.











                               S. B. 7
                                 -3- (Index)