§ 19-6-28.Enforcement of orders; contempt; service of rule nisi by mail; rule nisi form

Chapter 6. Alimony and Child Support · Article 1. General Provisions · Last amended 1999 · Last verified October 9, 2026

In one sentenceO.C.G.A. § 19-6-28 gives Georgia courts contempt power to enforce alimony and child support orders within the same case, allows service of a contempt motion by mail with a notice-and-acknowledgment form, and sets a 30-day hearing deadline for child support contempt.

Full Text of § 19-6-28

Text sizeJump to: (a) (b) (c) (d)

(a) 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.

(b) 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.

FormIN 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

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

End

Plain-English Summary

This section gives the court its main enforcement tools. The court may impose terms and conditions it considers proper to make sure its orders are obeyed, and it may punish a respondent who violates an order to the same extent as contempt in any other case. An enforcement proceeding is part of the original case. Filing a motion for enforcement is not a new action and doesn’t require a new filing fee.

Subsection (b) offers a cheaper way to serve a contempt motion to enforce temporary or permanent alimony or child support. The petitioner may mail the motion and rule nisi by first-class mail, postage prepaid, to the respondent’s last known address, along with two copies of the notice and acknowledgment form and a postage-paid return envelope. If the respondent signs and returns the acknowledgment, filing it with the court counts as the return of service. If no acknowledgment comes back within ten days after mailing, the petitioner notifies the clerk, deposits the service costs, and service is made under Code Section 9-11-4. Those costs are charged to the respondent unless, after motion and hearing, the respondent shows good reason not to be charged.

For child support contempt, timing is set by statute. The motion must be served with a notice giving a date certain for a hearing no later than 30 days from service. If the court finds good cause, the hearing may be extended for up to 30 days.

The form in subsection (c) is captioned in the superior court. The sender signs it under penalty of perjury, stating the mailing date. It warns the respondent to sign, date and mail back one copy within ten days, that failing to return it will mean paying the cost of other service unless good and sufficient cause is shown, and that a respondent who returns it must still appear and show cause at the time the rule nisi sets. The respondent signs the acknowledgment under penalty of perjury; no notary is called for. Mail service is an added option, not a replacement for other methods.

Frequently Asked Questions

Do I need to file a new case to enforce child support or alimony in Georgia?

No. A proceeding to enforce compliance is part of the underlying action, and a motion for enforcement doesn’t count as a new action or require a new filing fee. You file the contempt motion in the existing case. The court may then punish a violation to the same extent as contempt in any other proceeding before it.

How soon must a child support contempt hearing be held in Georgia?

The notice served with the motion must give a date certain for a hearing no later than 30 days from the date of service. If the court finds good cause for a later date, it may extend the time for up to 30 days.

Can a contempt motion for unpaid support be served by mail in Georgia?

Yes. The petitioner may mail the motion and rule nisi by first-class mail, postage prepaid, to the respondent’s last known address, with two copies of the notice and acknowledgment form and a postage-paid return envelope. If the respondent returns the signed acknowledgment, filing it serves as the return of service.

What happens if the other parent doesn’t return the acknowledgment form?

If no acknowledgment arrives within ten days after mailing, the petitioner notifies the clerk and deposits the service costs, and service is made under Code Section 9-11-4. The clerk charges those costs to the respondent unless the respondent, after motion and hearing, shows good reason not to be charged.

Can a judge jail someone for not paying child support in Georgia?

The court may punish a respondent who violates its order to the same extent the law allows for contempt in any other proceeding before it, and it may set terms and conditions to make sure its orders are followed. What sanction, if any, fits a case is up to the judge.

Amendment History

Laws 1985, p. 785, § 3; Laws 1987, p. 186, § 1; Laws 1997, p. 1613, § 8; Laws 1999, p. 633, § 1.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, enacted by the Georgia General Assembly, and checked word for word against the Georgia Code Revision Commission’s public-domain edition and the acts that later amended it. Section headings are the Code’s official catchlines. Last verified October 9, 2026. · Official source

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