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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 19. DOMESTIC RELATIONS |
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Chapter 11. ENFORCEMENT OF DUTY OF SUPPORT |
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Article 2. UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT |
| § 19-11-40. Short title |
| § 19-11-40.1. Effective date for application of article |
| § 19-11-41. Purposes of article |
| § 19-11-42. Definitions |
| § 19-11-43. Duty of support defined; criteria for determining existence of duty of support |
| § 19-11-44. Declaration of reciprocating status of Canadian province or territory by Attorney General |
| § 19-11-45. Remedies cumulative |
| § 19-11-46. Liability of obligor in state not dependent on obligee's presence |
| § 19-11-47. Support proceedings when obligor and obligee are found in different counties of state |
| § 19-11-48. When extradition of obligor authorized; how extradition avoided; petition; temporary order of support; delivery of copies of order; suspension of extradition proceedings |
| § 19-11-49. Choice of law for determining duties of support |
| § 19-11-50. Remedies of state or political subdivision furnishing support; court orders for present or future support not to be jeopardized |
| § 19-11-51. Duties enforceable by petition; jurisdiction; venue |
| § 19-11-52. Contents of petition; when cause of action arises |
| § 19-11-53. Representation of petitioner by district attorney; fees; monthly collection reports; payment to county for services; clerk's fees |
| § 19-11-54. By whom petition for minor obligee brought; guardian ad litem not necessary |
| § 19-11-55. Duty of court of this state when acting as initiating state; transmittal of copies of petition, certificate, and article; monetary recommendation to Canadian court |
| § 19-11-56. Payment of costs and fees by state; issuance of execution to reimburse state |
| § 19-11-57. When respondent's arrest authorized |
| § 19-11-58. Department of Human Services designated state information agency; duties |
| § 19-11-59. Payment of district attorney's fee |
| § 19-11-60. Duty of court of this state when acting as responding state |
| § 19-11-61. Procedure where responding court unable to obtain jurisdiction; cooperation of police in locating respondent; transfer of documents upon location of respondent or his property |
| § 19-11-62. Discovery procedures |
| § 19-11-63. Order of support or reimbursement |
| § 19-11-64. Transmittal of copy of order to initiating state |
| § 19-11-65. Power of court to assure compliance with orders |
| § 19-11-66. Determination of paternity |
| § 19-11-67. Transmittal of payments to court of initiating state; certified statement of payments made by respondent |
| § 19-11-68. Duty of court of initiating state to disburse payments received |
| § 19-11-69. Spouses competent and compellable to testify |
| § 19-11-70. Rules of evidence |
| § 19-11-71. Previous support orders not superseded; how payments credited |
| § 19-11-72. Jurisdiction in other proceedings not conferred |
| § 19-11-73. Construction of article |
| § 19-11-74. Temporary order |
| § 19-11-75. Right of appeal; effect of appeal on order of support |
| § 19-11-76. Additional remedies on foreign support order |
| § 19-11-77. Registration of foreign support order; filing in registry of foreign support orders |
| § 19-11-78. Application of Code Section 19-11-53 |
| § 19-11-79. Registration procedure -- Transmittal of documents to district attorney; filing; notice; docketing |
| § 19-11-80. Registration procedure -- Hearing; defenses; grounds for stay; entry of order as registration; county's entitlement to fee; through whom payments made |
| § 19-11-81. Effect of registration of foreign support order |
REFS & ANNOS
TITLE 19 Chapter 11 Article 2 NOTE
EDITOR'S NOTES. --See O.C.G.A. § 19-11-40.1 for applicability of this article.
LAW REVIEWS. --For article, "Georgia Inheritance Rights of Children Born Out of Wedlock," see 23 Ga. St. B.J. 28 (1986). For article, "Georgia's Constitutional Scheme for State Appellate Jurisdiction," see 6 Ga. St. B.J. 24 (2001).
JUDICIAL DECISIONS
CONSTITUTIONALITY. --Ga. L. 1958, p. 34 (see O.C.G.A. Art. 2, Ch. 11, T. 19) does not deny due process of law in violation of federal and state Constitutions. Dansby v. Dansby, 222 Ga. 118, 149 S.E.2d 252 (1966).
SUPPORT AWARD IN URESA ACTION MAY VARY FROM PRIOR DECREE. --Since the Uniform Reciprocal Enforcement of Support Act, O.C.G.A. § 19-11-40 et seq., is an independent proceeding which does not affect, and is not bound by, prior foreign judgments, a responding court may enter a support order that is greater than, as well as less than, a prior judgment. State ex rel. McKenna v. McKenna, 253 Ga. 6, 315 S.E.2d 885 (1984).
CITED in Lamb v. Lamb, 241 Ga. 545, 246 S.E.2d 665 (1978); Helms v. Jones, 621 F.2d 211 (5th Cir. 1980); Woodes v. Morris, 247 Ga. 771, 279 S.E.2d 704 (1981); East v. Pike, 163 Ga. App. 375, 294 S.E.2d 597 (1982).
OPINIONS OF THE ATTORNEY GENERAL
TREATY NOT PREREQUISITE TO RECOGNIZING FOREIGN COUNTRY AS RECIPROCATING STATE. --Treaty between United States and a foreign country permitting reciprocal enforcement of child support obligations is not a prerequisite to recognizing that country as a reciprocating state under O.C.G.A. Art. 2, Ch. 11, T. 19. 1981 Op. Att'y Gen. No. 81-12.
RECIPROCAL CHILD SUPPORT ENFORCEMENT ACTS NOT VIOLATIVE OF U.S. CONSTITUTION TREATY PROVISIONS. --So long as a reciprocal child support enforcement statute does not require more than a routine review of foreign laws, does not directly affect United States foreign policy, and does not have potential for disruption of foreign policy or embarrassment to the United States government, the statute does not violate treaty provisions of the United States Constitution (U.S. Const., Art. I, Sec. 10, Cl. 1 and U.S. Const., Art. II, Sec. 2, Cl. 2). 1981 Op. Att'y Gen. No. 81-12.
SUPERIOR COURT MAY NOT TRANSFER PROCEEDING TO JUVENILE COURT. --Superior court may not transfer a Uniform Reciprocal Enforcement of Support Act, O.C.G.A. § 19-11-40 et seq., proceeding to the juvenile court under O.C.G.A. § 15-11-6(b). 1989 Op. Att'y Gen. No. U89-7.
LAW REVIEWS. --For article, "Georgia Inheritance Rights of Children Born Out of Wedlock," see 23 Ga. St. B.J. 28 (1986). For article, "Georgia's Constitutional Scheme for State Appellate Jurisdiction," see 6 Ga. St. B.J. 24 (2001).
JUDICIAL DECISIONS
CONSTITUTIONALITY. --Ga. L. 1958, p. 34 (see O.C.G.A. Art. 2, Ch. 11, T. 19) does not deny due process of law in violation of federal and state Constitutions. Dansby v. Dansby, 222 Ga. 118, 149 S.E.2d 252 (1966).
SUPPORT AWARD IN URESA ACTION MAY VARY FROM PRIOR DECREE. --Since the Uniform Reciprocal Enforcement of Support Act, O.C.G.A. § 19-11-40 et seq., is an independent proceeding which does not affect, and is not bound by, prior foreign judgments, a responding court may enter a support order that is greater than, as well as less than, a prior judgment. State ex rel. McKenna v. McKenna, 253 Ga. 6, 315 S.E.2d 885 (1984).
CITED in Lamb v. Lamb, 241 Ga. 545, 246 S.E.2d 665 (1978); Helms v. Jones, 621 F.2d 211 (5th Cir. 1980); Woodes v. Morris, 247 Ga. 771, 279 S.E.2d 704 (1981); East v. Pike, 163 Ga. App. 375, 294 S.E.2d 597 (1982).
OPINIONS OF THE ATTORNEY GENERAL
TREATY NOT PREREQUISITE TO RECOGNIZING FOREIGN COUNTRY AS RECIPROCATING STATE. --Treaty between United States and a foreign country permitting reciprocal enforcement of child support obligations is not a prerequisite to recognizing that country as a reciprocating state under O.C.G.A. Art. 2, Ch. 11, T. 19. 1981 Op. Att'y Gen. No. 81-12.
RECIPROCAL CHILD SUPPORT ENFORCEMENT ACTS NOT VIOLATIVE OF U.S. CONSTITUTION TREATY PROVISIONS. --So long as a reciprocal child support enforcement statute does not require more than a routine review of foreign laws, does not directly affect United States foreign policy, and does not have potential for disruption of foreign policy or embarrassment to the United States government, the statute does not violate treaty provisions of the United States Constitution (U.S. Const., Art. I, Sec. 10, Cl. 1 and U.S. Const., Art. II, Sec. 2, Cl. 2). 1981 Op. Att'y Gen. No. 81-12.
SUPERIOR COURT MAY NOT TRANSFER PROCEEDING TO JUVENILE COURT. --Superior court may not transfer a Uniform Reciprocal Enforcement of Support Act, O.C.G.A. § 19-11-40 et seq., proceeding to the juvenile court under O.C.G.A. § 15-11-6(b). 1989 Op. Att'y Gen. No. U89-7.