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HB 53 - Alimony or child support; certain motions; new action not required

Murphy, Thomas B (18th)

Status Summary	HC:	Judy	SC:	Judy	FR:	01/13/99	LA:	04/28/99	Signed by Governor

First Reader Summary

A BILL to clarify that a motion to enforce an alimony or child support order by attachment for contempt is a part of the underlying action and does not constitute a new action; to amend Code Section 19-6-28 of the Official Code of Georgia Annotated, relating to enforcement of orders for alimony and child support, so as to provide for the nature of contempt proceedings as a part of the underlying action; and for other purposes.

HB 53                                              LC 14 7193 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To clarify that a motion to enforce an alimony or child 
  1- 2  support order by attachment for contempt is a part of the 
  1- 3  underlying action and does not constitute a new action; to 
  1- 4  amend Code Section 19-6-28 of the Official Code of Georgia 
  1- 5  Annotated, relating to enforcement of orders for alimony and 
  1- 6  child support, so as to provide for the nature of contempt 
  1- 7  proceedings as a part of the underlying action; to provide 
  1- 8  that a new filing fee is not required for such actions; to 
  1- 9  provide for related matters; to provide for an effective 
  1-10  date and for applicability; to repeal conflicting laws; and 
  1-11  for other purposes. 
 
  1-12       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-13                           SECTION 1. 
 
  1-14  Code Section 19-6-28 of the Official Code of Georgia 
  1-15  Annotated, relating to enforcement of orders for alimony and 
  1-16  child support, is amended by striking subsection (a) and 
  1-17  inserting in its place a new subsection to read as follows: 
 
  1-18    "(a) In addition to other powers specified in this 
  1-19    chapter, the court shall have the power to subject the 
  1-20    respondent to such terms and conditions as the court may 
  1-21    deem proper to assure compliance with its orders and, in 
  1-22    particular, shall have the power to punish the respondent 
  1-23    who violates any order of the court to the same extent as 
  1-24    is provided by law for contempt of the court in any other 
  1-25    action or proceeding cognizable by the court. Any 
  1-26    proceeding for compliance pursuant to this authority shall 
  1-27    be a part of the underlying action, and a motion for such 
  1-28    enforcement shall not constitute the filing of a new 
  1-29    action or require the payment of a new filing fee." 
 
  1-30                           SECTION 2. 
 
  1-31  This Act shall become effective upon its approval by the 
  1-32  Governor or upon its becoming law without such approval and 
  1-33  shall apply with respect to previously entered support 
 
 
 
                                 -1- 
 
 
 
  2- 1  orders as well as those entered on or after such effective 
  2- 2  date. 
 
  2- 3                           SECTION 3. 
 
  2- 4  All laws and parts of laws in conflict with this Act are 
  2- 5  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -2-