Title 19 — Domestic Relations
0 chapters · 398 sections in this title.
O.C.G.A. § 19-11-1 Short title
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This article shall be known and may be cited as the “Child Support Recovery Act.” History. Ga. L. 1973, p. 192, § 1. 1103 19-11-2
O.C.G.A. § 19-11-10 Modification, §19-11-12
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Notice of commencement of review, §19-11-12. Notice to obligor and obligee of right to review, §19-11-12. Periodic redeterminations and reinvestigations, §19-11-16. Public assistance recipients, §§19-11-5 to 19-11-8. Alimony. Enforcement of alimony, §19-11-6. Debt to state create…
O.C.G.A. § 19-11-100 Short title
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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.
O.C.G.A. § 19-11-101 Definitions
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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) …
O.C.G.A. § 19-11-102 Designated tribunals; support enforcement agency
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(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, § …
O.C.G.A. § 19-11-103 Nature of remedies
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(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…
O.C.G.A. § 19-11-104 Applicability
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(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…
O.C.G.A. § 19-11-11 Department subpoenas; court order requiring compliance
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The department may examine any books, papers, or memoranda bearing upon the determination of the ability to support and for this purpose may, by means of subpoenas issued by its commissioner or his duly authorized representative, compel the attendance of witnesses and the product…
O.C.G.A. § 19-11-110 Jurisdiction
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(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…
O.C.G.A. § 19-11-111 PERSONS AND RIGHTS
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Change of name. General provisions, §§19-12-1 to 19-12-4. PESTICIDES.
O.C.G.A. § 19-11-112 Authority of tribunal
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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,…
O.C.G.A. § 19-11-114 Continuing, exclusive jurisdiction to modify support order
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19-11-115. Initiating tribunal; responding tribunal. 19-11-116. Governing tribunal when conflicting orders; determination of controlling order. 19-11-117. Enforcement of two or more child support orders, at least one of which was issued by another state or foreign country. 19-11-1…
O.C.G.A. § 19-11-115 Initiating tribunal; responding tribunal
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(a) A tribunal in Georgia that has issued a child support order consistent with the law of Georgia may serve as an initiating tribunal to request a tribunal of another state to enforce: (1) The order if the order is the controlling order and has not been modified by a tribunal of …
O.C.G.A. § 19-11-116 Conflicts of law
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Issuing state’s or country’s law governs nature, extent, amount and duration of payments and other obligations, §19-11-163. Construction of provisions, §19-11-190. Content requirements of petitions, §19-11-130. Contesting validity of registered order, §§19-11-165, 19-11-166. Conv…
O.C.G.A. § 19-11-118 Crediting of amounts collected
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19-11-119. Evidentiary issues outside state; application. 19-11-119.1. Spousal support order; modification; initiating tribunal to request enforcement; responding tribunal to enforce or modify order. Sec. 19-11-129. 19-11-130. 19-11-131. 19-11-132. 19-11-133. 19-11-134. 19-11-135.…
O.C.G.A. § 19-11-119 Evidentiary issues outside state; application
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A tribunal of Georgia exercising personal jurisdiction over a nonresident in a proceeding under this article, under other law of Georgia relating to a support order, or recognizing a foreign support order may receive evidence from outside this state pursuant to Code Section 19-11…
O.C.G.A. § 19-11-12 Department of Human Resources v
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Siggers, 219 Ga. App. 1, 463 S.E.2d 544, 1995 Ga. App. LEXIS 921 (1995), cert. denied, No. S96C0355, 1996 Ga. LEXIS 325 (Ga. Feb. 2, 1996); Department of Human Resources v. Jones, 219 Ga. App. 580, 472 S.E.2d 331 (1996). Modification below guidelines permitted, but no forgiveness …
O.C.G.A. § 19-11-120 Foreign country, proceedings involving
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Applicability of provisions generally, §19-11-104. Authority of state tribunal as initiating or responding tribunal, §19-11-112. Effect of remedies provided by article, §19-11-103. Evidence received from outside state, §19-11-119. Income-withholding orders issued in another state…
O.C.G.A. § 19-11-121 Representative for minor parent
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A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor’s child. History. Code 1981, § 19-11-121, enacted by Ga. L. 1997, p. 1613, § 33; Ga. L. 2013, p. 705, § 1/SB 193. 19-11-122. Govern…
O.C.G.A. § 19-11-122 Governing law and procedure for responding Georgia tribunal
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Except as otherwise provided in this article, a responding tribunal of Georgia: (1) Shall apply the procedural and substantive law generally applicable to similar proceedings originating in Georgia and may exercise all powers and provide all remedies available in those proceeding…
O.C.G.A. § 19-11-123 Information to be provided to responding tribunal
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(a) Upon the filing of a petition authorized by this article, an initiating tribunal of Georgia shall forward the petition and its accompanying documents: (1) To the responding tribunal or appropriate support enforcement agency in the responding state; or (2) If the identity of th…
O.C.G.A. § 19-11-125 Receipt by inappropriate tribunal
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If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of this state or another state and notify the petitioner where and when the pleading was sent…
O.C.G.A. § 19-11-126 Severability of provisions, §19-11-191
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Short title. Uniform interstate family support act, §19-11-100. Spousal privilege. Inapplicability of privilege against disclosure of communications between spouses, §19-11-135. Spousal support order, jurisdiction to modify or enforce, §19-11-119.1. State information agency, §19-…
O.C.G.A. § 19-11-127 Authority of Attorney General
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(a) If the Attorney General determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the Attorney General may provide those services directly to the individual. (b) The Attorney General may determine that a foreign country has…
O.C.G.A. § 19-11-128 Employment of private counsel
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An individual may employ private counsel to represent the individual in proceedings authorized by this article. History. Code 1981, § 19-11-128, enacted by Ga. L. 1997, p. 1613, § 33; Ga. L. 2013, p. 705, § 1/SB 193. 19-11-129. State information agency.
O.C.G.A. § 19-11-129 State information agency
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(a) The Department of Human Services is the state information agency under this article. (b) The state information agency shall: (1) Compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under this article and any support…
O.C.G.A. § 19-11-13 OBSERVANCES
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Attachment. Issuance of writ of attachment. Sunday observance, §18-3-16. Levy of attachment. Sunday observance, §18-3-16. OCCUPATIONAL THERAPISTS. Child support enforcement. Suspension or denial of licenses for failure to pay support, §§19-6-28.1, 19-11-9.3. Licenses. Revocation …
O.C.G.A. § 19-11-132 Fees and costs
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(a) The petitioner may not be required to pay a filing fee or other costs. (b) If an obligee prevails, a responding tribunal of Georgia may assess against an obligor filing fees, reasonable attorney’s fees, other 1226 19-11-134 costs, and necessary travel and other reasonable expen…
O.C.G.A. § 19-11-133 Personal jurisdiction
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(a) Participation by a petitioner in a proceeding under this article before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceedi…
O.C.G.A. § 19-11-134 Defense of nonparentage
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A party whose parentage of a child has been previously determined by 1227 19-11-135 or pursuant to law may not plead nonparentage as a defense to a proceeding under this article. History. Code 1981, § 19-11-134, enacted by Ga. L. 1997, p. 1613, § 33; Ga. L. 2013, p. 705, § 1/SB 1…
O.C.G.A. § 19-11-135 Temporary support
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Issuance by responding tribunal, §19-11-140. SUPPORT AND MAINTENANCE —Cont’d Interstate Family Support Act —Cont’d Temporary support —Cont’d Order issued ex parte or pending resolution of jurisdictional conflict. Continuing exclusive jurisdiction not created in issuing tribunal, §…
O.C.G.A. § 19-11-136 Communication between tribunals
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A tribunal in Georgia may communicate with a tribunal outside this state in a record, or by telephone, e-mail, or other means, to obtain information concerning the laws, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding. A tribunal …
O.C.G.A. § 19-11-137 Tribunal’s authority to accomplish discovery
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A tribunal of this state may: (1) Request a tribunal outside this state to assist in obtaining discovery; and (2) Upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside this state. History. Code 1981, § 19-11-137,…
O.C.G.A. § 19-11-138 Disbursement of funds; redirecting payments
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(a) A support enforcement agency or tribunal in Georgia shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified stat…
O.C.G.A. § 19-11-14 Child support liens, §19-11-18
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Contents of claim, §19-11-18. Time of attachment, §19-11-18. Time of filing claim of lien, §19-11-18. Citation of title, §19-11-1.
O.C.G.A. § 19-11-141 Responding tribunal
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A tribunal of Georgia authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this article or a law or procedure substantially similar to this article. History. Code 1981, § 19-11-141, enacted…
O.C.G.A. § 19-11-15 Notice and hearing, §19-11-15
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Notice of final determination, §19-11-15. Payment of support to department, §19-11-21. Wage assignments, §19-11-20.
O.C.G.A. § 19-11-15.1 Information required to be given to individuals receiving services
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The child support enforcement agency shall provide individuals who are applying for or receiving services under this article, or who are parties to cases in which services are being provided under this article, with the following: (1) Notice, pursuant to Title IV-D of the Social …
O.C.G.A. § 19-11-150 Issuance of income-withholding orders
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An income-withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person defined as the obligor’s employer pursuant to Code Sections 19-6-32 through 19-6-33.1 without first filing a petition or comparable ple…
O.C.G.A. § 19-11-151 Obligation of employer upon receipt of income-withholding order
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(a) Upon receipt of an income-withholding order, the obligor’s employer shall immediately provide a copy of the order to the obligor. (b) The employer shall treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a t…
O.C.G.A. § 19-11-152 Receipt of two or more income-withholding orders
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If an obligor’s employer receives two or more income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the employer complies with the law of the state of the obligor’s principal place of employment to establish t…
O.C.G.A. § 19-11-153 Issuance, §19-11-150
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Multiple orders, §19-11-152. Notice of contest, §19-11-155. Penalties for employer’s noncompliance, §19-11-154. Registration generally, §§19-11-160 to 19-11-167. Registration of order if obligor contests validity or administrative enforcement, §19-11-156. Sending to obligor’s emp…
O.C.G.A. § 19-11-154 Penalties for employer’s noncompliance
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An employer that willfully fails to comply with an income-withholding order issued in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal in Georgia. History. Code 1981, § 19-11-154, …
O.C.G.A. § 19-11-155 Contesting of order from another tribunal
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(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, …
O.C.G.A. § 19-11-156 DRUNKENNESS
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Child custody, loss of, §19-7-4. Divorce grounds, §19-5-3. Collusion, consent, like conduct or condonation, §19-5-4. Marriage consent, §19-3-4. E EDUCATION. Marriage. Premarital education, §19-3-30.1. Fact sheet to be distributed by premarital education providers, §19-3-41.1. ELE…
O.C.G.A. § 19-11-16 Periodic redeterminations and reinvestigations
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The department may conduct periodic redeterminations and reinvestigations of the ability of the parent to furnish support. Any initial determination of the ability to support or any increase in the amount of support shall be subject to the same procedure as determinations under C…
O.C.G.A. § 19-11-160 Confirmation, §19-11-167
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Contesting validity of registered orders, §§19-11-165, 19-11-166. Filing in Georgia tribunal required, §19-11-162. Requirements, §19-11-161.
O.C.G.A. § 19-11-162 Requirements, §19-11-161
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RELEASES. Child support enforcement. License suspension or denial for failure to pay support. Release upon compliance with support order, §19-11-9.3. Garnishment. Forms for release of garnishment, §18-4-89. Release of garnishment, §18-4-25.
O.C.G.A. § 19-11-164 Requirements, §19-11-161
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Stay of enforcement upon presentation of evidence establishing defense, §19-11-166. Relief sought, petition to specify, §19-11-130. Remedies provided cumulative effect, §19-11-103. Representative for minor parent maintaining proceeding, §19-11-121. Requesting tribunal of another …
O.C.G.A. § 19-11-165 Burden of proof, §19-11-166
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Convention, proceedings under, §19-11-184.1. Contest of registered order, §19-11-184.2. Enforcement, §19-11-162.