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23.560 Alimony
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Description
23.560 Alimony (Note: The judge must decide if use of the term "actual" restricts consideration of alimony to that with a track record similar to prior child support orders. The judge must decide if this means all alimony, even between the same parties, or not. The judge must also decide if the "payment of alimony" referred to includes income between the same parties. The committee thinks that it does, but notes that usually only in a modification would there be a history of "actual payment of alimony" between the same parties.) Georgia law provides that actual payment of alimony shall not be considered as a deduction from gross income but may be considered as a deviation from the presumptive amount of child support. You may consider the actual payment of alimony as a basis for deviation as long as you make a written finding of such consideration on your verdict form. O.C.G.A. §19-6-15(i)(2)(G)
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