Contesting of order from another tribunal

(a) An obligor may contest the validity or enforcement of an incomewithholding order issued in another state and received directly by an employer in Georgia by registering the order in a tribunal of Georgia and filing a contest to that order as provided in Part 6 of this article, or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of Georgia. (b) The obligor shall give notice of the contest to: (1) Any support enforcement agency providing services to the obligee; (2) Each employer that has directly received an income-withholding order relating to the obligor; and (3) The person designated to receive payments in the incomewithholding order or, if no person is designated, to the obligee. 1233 History. Code 1981, § 19-11-155, enacted by Ga. 19-11-161 L. 1997, p. 1613, § 33; Ga. L. 2013, p. 705, § 1/SB 193. 19-11-156. Enforcement of orders issued by another state or foreign country. (a) A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued in another state or a foreign support order may send the documents required for registering the order to a support enforcement agency of Georgia. (b) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of Georgia to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this article. History. Code 1981, § 19-11-156, enacted by Ga. L. 1997, p. 1613, § 33; Ga. L. 2013, p. 705, § 1/SB 193. PART 6 ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER AFTER REGISTRATION 19-11-160. Registration of orders issued by another state or foreign country. A support order or income-withholding order issued in another state or a foreign support order may be registered in Georgia for enforcement. History. Code 1981, § 19-11-160, enacted by Ga. L. 1997, p. 1613, § 33; Ga. L. 2013, p. 705, § 1/SB 193. 19-11-161. Requirements for registration of orders issued by another state or foreign country; other filings. (a) Except as otherwise provided in Code Section 19-11-184.1, a support order or income-withholding order of another state or a foreign support order may be registered in Georgia by sending the following records to the appropriate tribunal in Georgia: (1) A letter of transmittal to the tribunal requesting registration and enforcement; (2) Two copies, including one certified copy, of the order to be registered, including any modification of the order; 1234 19-11-161 (3) A sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage; (4) The name of the obligor and, if known: (A) The obligor’s address and social security number; (B) The name and address of the obligor’s employer and any other source of income of the obligor; and (C) A description and the location of property of the obligor in Georgia not exempt from execution; and (5) Except as otherwise provided in Code Section 19-11-131, the name and address of the obligee and, if applicable, the person to whom support payments are to be remitted. (b) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as an order of a tribunal of another state or a foreign support order, together with one copy of the documents and information, regardless of their form. (c) A petition, motion, or comparable filing seeking a remedy that must be affirmatively sought under other laws of this state, and discovery incident thereto, may be filed at the same time as the request for registration or later. The pleading, motion, or other filing must specify the grounds for the remedy sought. For purposes of this subsection, remedies sought may include, but are not limited to, a rule for contempt or a petition for entry of an income deduction order. (d) If two or more orders are in effect, the person requesting registration shall: (1) Furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this Code section; (2) Specify the order alleged to be the controlling order, if any; and (3) Specify the amount of consolidated arrears, if any. (e) A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination. History. Code 1981, § 19-11-161, enacted by Ga. L. 1997, p. 1613, § 33; Ga. L. 2013, p. 705, § 1/SB 193. 1235 19-11-163 19-11-162. Filing in Georgia tribunal required for registration; enforcement; modification. (a) A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of Georgia. (b) A registered support order issued in another state or a foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal in Georgia. (c) Except as otherwise provided in this part, a tribunal in Georgia shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction. History. Code 1981, § 19-11-162, enacted by Ga. L. 1997, p. 1613, § 33; Ga. L. 2013, p. 705, § 1/SB 193. 19-11-163. Governing law; statute of limitations; application of procedural and remedial law of Georgia; prospective application of law of other state or foreign country. (a) Except as otherwise provided in subsection (d) of this Code section, the law of the issuing state or foreign country governs: (1) The nature, extent, amount, and duration of current payments under a registered support order; (2) The computation and payment of arrearages and accrual of interest on the arrearages under the support order; and (3) The existence and satisfaction of other obligations under the support order. (b) In a proceeding for arrears under a registered support order, the statute of limitation of Georgia or of the issuing state or foreign country, whichever is longer, applies. (c) A responding tribunal of Georgia shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in Georgia. (d) After a tribunal of Georgia or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of Georgia shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears. 1236 History. Code 1981, § 19-11-163, enacted by Ga. 19-11-164 L. 1997, p. 1613, § 33; Ga. L. 2013, p. 705, § 1/SB 193.