Tucker, GA asked in Family Law for Georgia

Q: If habitually late with alimony payments (made by the end of the month), could garnishment of wages be a remedy?

What’s the purpose of including actual dates of when alimony payments are due and the end of the grace period in divorce decree’s? Payment’s, like bills, are usually due the first of every month and are usually late by the middle of every month. Why include specifics, allowing recipient’s to think they will get their payment on a set schedule, if the attorney’s/court’s don’t enforce the payment schedule or consider it a problem? As long as it’s paid by the end of the month, is considered, but not written, as acceptable, unbeknownst to recipient’s. Payor refuses communication and threatens of filing harassment charges, no means of working issues through. Payor also refuses post or electronic mail services.

Could a garnishment of wages order be filed to eliminate the randomly timed/paid alimony payments, without backlash on plaintiff?

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2 Lawyer Answers
V. Joy Edwards
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Answered
  • Atlanta, GA
  • Licensed in Georgia

A: I think if the payor is habitually late and there are repeated requests for timely payment, and you can show the Court the negative effect on you, it is likely that the Court will hold the payor in contempt. And yes, garnishment is an option.

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: I agree with my colleague, if the person is always late and it’s causing problems for you then a judge may agree to a garnishment. -Homer P. Jordan IV, Esq. 404-620-1558

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