19-6-2.
(a) The grant of attorney´s
fees as a part of the expenses of litigation, made at any time during the pendency of the litigation, whether the action is for alimony,
divorce and alimony, or contempt of court arising out of either an alimony case
or a divorce and alimony case, including but not limited to contempt of court
orders involving property division, child custody, and child visitation rights,
shall be:
(1) Within the sound discretion of the court,
except that the court shall consider the financial circumstances of both
parties as a part of its determination of the amount of attorney´s
fees, if any, to be allowed against either party; and
(2) A final judgment as to the amount granted,
whether the grant is in full or on account, which may be enforced by attachment
for contempt of court or by writ of fieri facias, whether the parties subsequently reconcile or not.
(b) Nothing contained in this Code section shall
be construed to mean that attorney´s fees shall not
be awarded at both the temporary hearing and the final hearing.
(c) An attorney may bring an action in his own
name to enforce a grant of attorney´s fees made to
him pursuant to this Code section.
19-6-22.
Where a petition authorized by subsection (a) of
Code Section 19-6-19 is filed by a party obligated to pay alimony, the court
may require the party to pay the reasonable expenses of litigation as may be
incurred by the party´s former spouse, either on
behalf of the former spouse, or the child or children, or both, in defense
thereof.
9-15-14.
(a) In any civil action in any court of record
of this state, reasonable and necessary attorney´s
fees and expenses of litigation shall be awarded to any party against whom
another party has asserted a claim, defense, or other position with respect to
which there existed such a complete absence of any justiciable
issue of law or fact that it could not be reasonably believed that a court
would accept the asserted claim, defense, or other position. Attorney´s fees and expenses so awarded shall be assessed
against the party asserting such claim, defense, or other position, or against
that party´s attorney, or against both in such manner
as is just.
(b) The court may assess reasonable and
necessary attorney´s fees and expenses of litigation
in any civil action in any court of record if, upon the motion of any party or
the court itself, it finds that an attorney or party brought or defended an
action, or any part thereof, that lacked substantial justification or that the
action, or any part thereof, was interposed for delay or harassment, or if it
finds that an attorney or party unnecessarily expanded the proceeding by other
improper conduct, including, but not limited to, abuses of discovery procedures
available under Chapter 11 of this title, the 'Georgia Civil Practice Act.' As
used in this Code section, 'lacked substantial justification' means
substantially frivolous, substantially groundless, or substantially vexatious.
(c) No attorney or party shall be assessed attorney´s fees as to any claim or defense which the court
determines was asserted by said attorney or party in a good faith attempt to
establish a new theory of law in
(d) Attorney´s fees
and expenses of litigation awarded under this Code section shall not exceed
amounts which are reasonable and necessary for defending or asserting the
rights of a party. Attorney´s fees and expenses of
litigation incurred in obtaining an order of court pursuant to this Code
section may also be assessed by the court and included in its order.
(e) Attorney´s fees
and expenses under this Code section may be requested by motion at any time
during the course of the action but not later than 45 days after the final
disposition of the action.
(f) An award of reasonable and necessary attorney´s fees or expenses of litigation under this Code
section shall be determined by the court without a jury and shall be made by an
order of court which shall constitute and be enforceable as a money judgment.
(g) Attorney´s fees
and expenses of litigation awarded under this Code section in a prior action
between the same parties shall be treated as court costs with regard to the
filing of any subsequent action.
(h) This Code section shall not apply to
proceedings in magistrate courts. However, when a case is appealed from the
magistrate court, the appellee may seek litigation
expenses incurred below if the appeal lacks substantial justification.
19-6-19.
(a) The judgment of a
court providing permanent alimony for the support of a spouse rendered on or
after July 1, 1977, shall be subject to revision upon petition filed by either
former spouse showing a change in the income and financial status of either
former spouse. The judgment of a court providing permanent alimony for the
support of a child or children rendered on or after July 1, 1977, shall be
subject to revision upon petition filed by either former spouse showing a
change in the income and financial status of either former spouse or in the
needs of the child or children. In either case a petition shall be filed and
returnable under the same rules of procedure applicable to divorce proceedings.
No petition may be filed by either former spouse under this subsection within a
period of two years from the date of the final order on a previous petition by
the same former spouse. After hearing both parties and the evidence, the jury,
or the judge where a jury is not demanded by either party, may modify and
revise the previous judgment, in accordance with the changed income and
financial status of either former spouse in the case of permanent alimony for
the support of a former spouse, or in accordance with the changed income and
financial status of either former spouse or in the needs of the child or
children in the case of permanent alimony for the support of a child or
children, if such a change in the income and financial status is satisfactorily
proved so as to warrant the modification and revision. In the hearing upon a
petition filed as provided in this subsection, testimony may be given and
evidence introduced relative to the income and financial status of either
former spouse.
(b) Subsequent to a final judgment of divorce
awarding periodic payment of alimony for the support of a spouse, the voluntary
cohabitation of such former spouse with a third party in a meretricious
relationship shall also be grounds to modify provisions made for periodic
payments of permanent alimony for the support of the former spouse. As used in
this subsection, the word 'cohabitation' means dwelling together continuously
and openly in a meretricious relationship with another person, regardless of
the sex of the other person. In the event the petitioner does not prevail in
the petition for modification on the ground set forth in this subsection, the
petitioner shall be liable for reasonable attorney´s
fees incurred by the respondent for the defense of the action.
(c) When an action for revision of a judgment
for permanent alimony under this Code section is pending, the court in its
discretion may allow, upon motion, the temporary modification of such a
judgment, pending the final trial on the petition. In considering an
application for temporary modification under this subsection, the court shall
consider evidence of any changed circumstances of the parties and the
reasonable probability of the petitioner obtaining revision upon final trial.
The order granting temporary modification shall be subject to revision by the
court at any time before final trial.
(d) In proceedings for the modification of alimony for the support of a
spouse or child pursuant to the provisions of this Code section, the court may
award attorneys´ fees, costs, and expenses of litigation to the prevailing
party as the interests of justice may require.