§ 19-6-16.Enforcement of child support orders, decrees, or verdicts
Chapter 6. Alimony and Child Support · Article 1. General Provisions · Last amended 1979 · Last verified October 9, 2026
Full Text of § 19-6-16
Plain-English Summary
This is one of the oldest provisions in the chapter, and it does one job. Children aren’t usually parties to their parents’ divorce, yet the court routinely orders support for them. This section makes sure those orders have teeth. Any order, decree or verdict in favor of the children, permanent or temporary, may be enforced the same way an order in favor of a party may be enforced.
In practice, that means the tools available to a spouse who is owed alimony or another court-ordered payment are also available to collect support ordered for children. The modern enforcement provisions build on this idea: § 19-6-28 lets the court use contempt, § 19-6-17(e) makes each unpaid installment of child support a judgment by operation of law, and §§ 19-6-30 through 19-6-33 provide garnishment and income withholding. The statute says such orders “may” be enforced; how the court responds to a particular violation depends on the facts and the judge’s discretion.
Frequently Asked Questions
Can a child support order be enforced like any other court order in Georgia?
Yes. Orders, decrees or verdicts in favor of children, whether permanent or temporary, may be enforced as those in favor of a party. So the enforcement tools that work for a spouse’s court-ordered payments also work for support ordered for the children, including contempt under § 19-6-28.
Can a temporary child support order be enforced before the divorce is final?
Yes. The section covers orders “permanent or temporary,” so a temporary order made while the case is pending may be enforced the same way as a final one. A parent who isn’t paying temporary support can face the same enforcement steps as one who ignores a final decree.
Why does Georgia law need a rule that child support orders can be enforced?
Children usually aren’t parties to their parents’ case, and this section makes clear that orders in their favor may still be enforced just as orders in favor of a party may be. It dates back to 1870 and states the general principle; later sections, such as § 19-6-28 on contempt, supply the specific tools.
What enforcement options exist for unpaid child support in Georgia?
Several. Section 19-6-28 allows contempt, § 19-6-28.1 allows license suspension when arrears reach a set level, § 19-6-30 allows continuing garnishment, and §§ 19-6-32 and 19-6-33 provide income withholding from wages. This section supplies the general principle that orders for children may be enforced like any other party’s order.
Does this section say how a judge must punish a parent who doesn’t pay?
No. It says only that orders in favor of children “may be enforced” as those in favor of a party. The specific remedies and penalties come from other sections, such as § 19-6-28 on contempt, and the judge decides what response fits the facts.
Amendment History
Laws 1870, p. 413, § 3; Laws 1979, p. 466, § 13.
Formerly Code 1873, § 1743; Code 1882, § 1743; Civil Code 1895, § 2463; Civil Code 1910, § 2982; Code 1933, § 30-208.