Georgia § 38-2-1058 - 2. Forfeiture of pay and allowances.

Full text of Georgia Official Code of Georgia Annotated § 38-2-1058 — 2. Forfeiture of pay and allowances., with citation guidance and answers to common questions.

§ 38-2-1058. 2. Forfeiture of pay and allowances.

A court-martial sentence as provided for in paragraph (2) of this subsection shall result in the forfeiture of pay, or of pay and allowances, due that member during any period of confinement or parole. Such forfeiture pursuant to this Code section shall take effect on the date determined under Code Section 38-2-1057 and may be deferred as provided by that Code section. The pay and allowances forfeited shall be all pay and allowances due that member during such period. A sentence covered by this subsection shall be any sentence that includes: Confinement for more than six months; or Confinement for six months or less and a dishonorable or bad conduct discharge or dismissal. In a case involving an accused who has dependents, the convening authority or other person acting under Code Section 38-2-1060 may waive any or all of the forfeitures of pay and allowances required by subsection (a) of this Code section for a period not to exceed six months. Any amount of pay or allowances that, except for a waiver under this subsection, would be forfeited shall be paid, as the convening authority or other person taking action directs, to the dependents of the accused. If the sentence of a member who forfeits pay and allowances under subsection (a) of this Code section is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in paragraph (2) of subsection (a) of this Code section, the member shall be paid the pay and allowances which the member would have been paid, except for the forfeiture, for the period during which the forfeiture was in effect. (Code 1981, § 38-2-1058.2 , enacted by Ga. L. 2015, p. 753, § 1/HB 98.)

Source: official Georgia text · Last verified 2026-08-27

Frequently Asked Questions About Georgia § 38-2-1058

What does Official Code of Georgia Annotated § 38-2-1058 cover?

Section 38-2-1058 ("2. Forfeiture of pay and allowances.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Georgia § 38-2-1058?

A common citation format is "Official Code of Georgia Annotated § 38-2-1058" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Georgia law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.

How does Georgia § 38-2-1058 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.