Title 19

The purposes of this article are to improve and extend by reciprocal legislation the enforcement of duties of support and to make uniform the law with respect thereto. History. Ga. L. 1958, p. 34, § 1.

As used in this article, the term: (1) “Certification” means certification in accordance with the laws of the certifying state. (2) “Court” means the superior court of this state and, when the context requires, means the court of any other state as defined in a substantially similar…

“Duty of support” includes any duty of support imposed or imposable by law or by any court order, decree, or judgment, whether interlocutory or final, and whether incidental to a proceeding for divorce, judicial (legal) separation, separate maintenance, or otherwise; for purposes …

Where the Attorney General is satisfied that reciprocal provisions will be made by any province or territory of the Dominion of Canada, the Attorney General may declare the province or territory to be a reciprocating state for the purpose of this article. Any such order declaring …

The remedies provided in this article are in addition to and not in substitution of any other remedies. History. Ga. L. 1958, p. 34, § 3.

Duties of support arising under the law of this state, when applicable under Code Section 19-11-49, bind the obligor, present in this state, regardless of the presence or residence of the obligee. History. Ga. L. 1958, p. 34, § 4.

A proceeding to compel support under this article may be maintained where both the obligee and the obligor are residents of or are domiciled or found in different counties of this state. Whenever a proceeding under this article is so used, what has been written in other parts of …

(a) The Governor of this state may: (1) Demand from the governor of any other state the surrender of any person found in the other state who is charged in this state with the crime of failing to provide for the support of any person in this state; and (2) Surrender, on demand by …

Duties of support applicable under this article are those imposed or imposable under the laws of any state in which the obligor was present during the period for which support is sought. The obligor is presumed to have been present in the responding state during the period for wh…

(a) Except as otherwise specified in subsection (b) of this Code section, whenever the state or a political subdivision thereof furnishes support to an obligee, it has the same right as the obligee to whom the support was furnished to invoke this article for the purpose of securin…

The petition shall be verified and shall state the name and, so far as known to the petitioner, the address and circumstances of the respondent and the names of his dependents for whom support is sought and all other pertinent information. The petitioner may include in or attach t…

(a) The district attorney of each superior court shall be authorized to represent the petitioner in any proceeding under this article. Otherwise, at the option of the district attorney, actions under this article shall be brought as provided in Article 1 of this chapter. The dist…

(a) If a court of this state, acting as an initiating state, finds that the petition sets forth facts from which it may be determined that the respondent owes a duty of support and that a court of the responding state may obtain jurisdiction of the respondent or his property, it s…

A court of this state, whether the state is acting as an initiating or a responding state, may, in its discretion, direct that any part of or all fees and costs incurred in this state, including, without limitation by enumeration, fees for filing, service of process, seizure of pr…

(a) When a court of this state, acting as an initiating state, has reason to believe that the respondent may flee the jurisdiction, it may request in its certificate that the court of the responding state obtain the body of the respondent by appropriate process, if that is permissi…

The Department of Human Services is designated as the state information agency under this article and it shall be its duty: (1) To compile a list of the courts in this state having jurisdiction under this article and their addresses and to transmit the same to the state informati…

The fee of the district attorney arising under this article shall be paid by the Prosecuting Attorneys’ Council of the State of Georgia upon receipt of the order for the payment of such fees that has been approved by the state information agency. Payment shall be made from funds …

When a court of this state, acting as a responding state, receives from the court of an initiating state the copies specified in Code Section 19-11-55, it shall: (1) Docket the cause; (2) Notify the district attorney; (3) Set a time and place for a hearing; and (4) Take such actio…

(a) If a court of this state, acting as a responding state, is unable to obtain jurisdiction of the respondent or his property, due to inaccuracies or inadequacies in the petition or otherwise, the court shall communicate this fact to the court in the initiating state, shall on i…

In any proceeding under this article the court may order interrogatories or depositions to be taken within or outside the state pursuant to the provisions of law applicable to a court of record. History. Ga. L. 1958, p. 34, § 18.

If the court of the responding state finds a duty of support, it may order the respondent to furnish support and to pay arrearages due under any existing court order or to furnish reimbursement for reasonable expenses actually incurred in the absence of a court order and may subje…

The court of this state, when acting as a responding state, shall cause to be transmitted to the court of the initiating state a copy of all orders of support or for reimbursement therefor. History. Ga. L. 1958, p. 34, § 20.

In addition to the other powers specified in this article, the court of this state, when acting as the responding state, has 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 has the…

If the obligor asserts as a defense that he is not the father of the child for whom support is sought and it appears to the court that the defense is not frivolous and if both of the parties are present at the hearing or if the proof required in the case indicates that the presen…

A court of this state, when acting as a responding state, shall have the following duties, which may be carried out through the community supervision office, juvenile probation office, or probation office under the authority of Article 6 of Chapter 8 of Title 42 for the court: (1…

A court of this state, when acting as an initiating state, shall have the duty, which may be carried out through the clerk of the court, to receive and disburse forthwith all payments made by the respondent or transmitted by the court of the responding state. History. Ga. L. 1958…

Laws attaching a privilege against the disclosure of communications between husband and wife are inapplicable to proceedings under this article. Husband and wife are competent witnesses and may be compelled to testify to any relevant matter, including marriage and parentage. Hist…

In any hearing under this article, the court shall be bound by the same rules of evidence that bind the juvenile courts of this state. History. Ga. L. 1958, p. 34, § 25.

Participation in any proceedings under this article shall not confer upon any court jurisdiction of any of the parties thereto in any other proceeding. History. Ga. L. 1958, p. 34, § 27.

This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. History. Ga. L. 1958, p. 34, § 31.

At any time after the filing of a petition for support and before final hearing, the court may, on satisfactory affidavits or other proof, order a temporary allowance pending a hearing on the merits of the petition. History. Ga. L. 1958, p. 34, § 32.

Any respondent in an action brought under this article shall have the right of appeal as in civil actions. Any order for support made by the court shall not be affected by an appeal but shall continue in effect until the appeal is decided and thereafter, if the appeal is denied, …

If the duty of support is based on a foreign support order, the obligee has the additional remedies provided in Code Sections 19-11-77 through 19-11-81. History. Ga. L. 1979, p. 938, § 1.

(a) The obligee may register the foreign support order in a court of this state in the manner, with the effect, and for the purposes provided in this article. (b) The clerk of the superior court shall maintain a registry of foreign support orders in which he shall file foreign sup…

Code Section 19-11-53 shall apply equally when this state is acting either as a rendering or registering state. History. Ga. L. 1979, p. 938, § 1.

(a) An obligee seeking to register a foreign support order in a superior court of this state shall transmit to the district attorney: (1) Three certified copies of the order with all modifications thereof; (2) One copy of the Uniform Reciprocal Enforcement of Support Act of the sta…

(a) At the hearing, the obligor may present only matters that would be available to him as defenses in an action to enforce a foreign money judgment. If he shows to the court that an appeal from the order is pending or will be taken or that a stay of execution has been granted, t…

This article shall be known and may be cited as the “Uniform Interstate Family Support Act.” History. Code 1981, § 19-11-100, enacted by Ga. L. 1997, p. 1613, § 33; Ga. L. 2013, p. 705, § 1/SB 193.

As used in this article, the term: (1) “Child” means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual’s parent or who is or is alleged to be the beneficiary of a support order directed to the parent. (2) …

(a) The superior courts, the Office of State Administrative Hearings, and the Department of Human Services are the tribunals of Georgia for purposes of this article. (b) The Department of Human Services shall be the support enforcement agency of this state. History. Code 1981, § …

(a) Remedies provided by this article are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity. (b) This article does not: (1) Provide the exclusive method of establishing or enforcing a sup…

(a) A tribunal of Georgia shall apply Parts 1 through 6 and, as applicable, Part 7 of this article to a support proceeding involving: (1) A foreign support order; (2) A foreign tribunal; or (3) An obligee, obligor, or child residing in a foreign country. (b) A tribunal of Georgia…

(a) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual’s guardian or conservator if: (1) The individual is personally served with…

Personal jurisdiction acquired by a tribunal of Georgia in a proceeding under this article or other law of Georgia relating to a support order continues so long as a tribunal of Georgia has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enfor…

Under this article, a tribunal in Georgia may serve as an initiating tribunal to forward proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated in another state or foreign country. History. Code 1981, § 19-11-112, enacted by Ga. L. 1997,…

(a) A tribunal in Georgia may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if: (1) The petition or comparable pleading in Georgia is filed before the expiration…