reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-43 - Duty of support defined; criteria for determining existence of duty of support

"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 of this article, in determining the existence of a duty of support, the following criteria may be considered, without limitation:
(1)
A person in one state is declared to be liable for the support of the person's spouse, in conformity with the support laws of this state, and for the support of any child or children of his under 18 years of age and residing or found in the same state or in another state having substantially similar or reciprocal laws; and, if the person is possessed of sufficient means or is able to earn such means, he may be required to pay for this support a fair and reasonable sum according to his means, as may be determined by the court having jurisdiction of the respondent in a proceeding instituted under this article. Notwithstanding the fact that either spouse has obtained in any state or county a final decree of divorce or separation from the other spouse or a decree dissolving their marriage, the obligor under this Code section shall be deemed legally liable for the support under this article of any dependent child of the marriage, whether or not there has been an award of alimony or support for the child or children;
(2)
The parents in one state are declared to be severally liable for the support of a child 18 years of age or older, residing or found in the same state or in another state having substantially similar or reciprocal laws, whenever the child is unable to maintain himself and is likely to become a public charge;
(3)
A child or children born of parents who, at any time prior or subsequent to the birth of the child, have entered into a civil or religious marriage ceremony shall be deemed the legitimate child or children of both parents, regardless of the validity of the marriage;
(4)
A child or children born to parents who held or hold themselves out as husband and wife by virtue of a common-law marriage recognized as valid by the laws of the initiating state and of the responding state shall be deemed the legitimate child or children of both parents;
(5)
A common-law marriage recognized as valid by the laws of the initiating state and of the responding state shall be deemed to be a valid marriage for purposes of this article;
(6)
Whenever a person has been adjudicated by a court of competent jurisdiction as the parent of a child born out of wedlock, the person shall be legally liable for the support of the child in the same manner in which the person would owe the duty of support if the child were a legitimate child.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-44 - Declaration of reciprocating status of Canadian province or territory by Attorney General

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 that a province or territory is a reciprocating state may be revoked by the Attorney General; and thereupon the province or territory with respect to which the order was made shall cease to be a reciprocating state for the purpose of this article; provided, however, that the revocation shall not affect any actions which have been adjudicated in the responding state or which have been received by this state as the responding state.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-45 - Remedies cumulative

The remedies provided in this article are in addition to and not in substitution of any other remedies.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-46 - Liability of obligor in state not dependent on obligee's presence

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.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-47 - Support proceedings when obligor and obligee are found in different counties of state

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 this article as "initiating state" shall be read as if written "initiating county" and what has been written as "responding state" shall be read as if written "responding county."
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 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

(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 the governor of any other state, any person found in this state who is charged in the other state with the crime of failing to provide for the support of a person in the other state.
(b)
The provisions for extradition of criminals not inconsistent with this Code section shall apply to any such demand, even if the person whose surrender is demanded was not in the demanding state at the time of the commission of the crime and although he had not fled therefrom. Neither the demand, the oath, nor any proceedings for extradition pursuant to this Code section need state or show that the person whose surrender is demanded has fled from justice or that at the time of the commission of the crime he was in the demanding or other state.
(c)
When the extradition of an obligor in this state has been demanded by the governor of any other state, the obligor may be relieved of extradition to the other state if he submits himself to the jurisdiction of the superior court of this state in the county where he is found and complies with the court's order of support.
(d)
In order to submit himself to the jurisdiction of the superior court of this state, the obligor shall file with the court a verified petition containing the following information:
(1)
His name and permanent address;
(2)
The names, addresses, and ages of his obligees in the demanding state;
(3)
His financial circumstances;
(4)
That he is willing to submit himself to the jurisdiction of the court of this state and to comply with its order of support; and
(5)
Such other information as he believes to be pertinent and material.
(e)
The court shall make a temporary order of support and shall continue the matter pending the receipt of such further information as the court may deem necessary or advisable. Two certified copies of the temporary order of support shall be delivered to the office of the Governor and one plain copy shall be delivered to the district attorney. Upon receipt of the certified copies of the order of support, the Governor may, in his discretion, suspend extradition proceedings so long as the obligor complies with the temporary order of support and with any other orders of support which may thereafter be entered.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-49 - Choice of law for determining duties of support

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 which support is sought until otherwise shown.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-50 - Remedies of state or political subdivision furnishing support; court orders for present or future support not to be jeopardized

(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 securing reimbursement of expenditures so made and of obtaining continuing support.
(b)
Subsection (a) of this Code section shall not be invoked unless the court having jurisdiction of the matter is satisfied that efforts on the part of the state or political subdivision to secure reimbursements for previous support shall not jeopardize the enforcement of the court's orders for present or future support of the dependent or dependents involved. The court shall have the right at any time to enter appropriate orders to carry out this subsection.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-51 - Duties enforceable by petition; jurisdiction; venue

All duties of support, including the duty to pay arrearages or reimbursement, are enforceable by petition irrespective of relationship between the obligor and obligee. Jurisdiction of all proceedings hereunder shall be vested in the superior courts of the various counties of this state. The petition must be commenced in the county of residence of the obligee.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-52 - Contents of petition; when cause of action arises

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 to the petition any information which may help in locating or identifying the respondent, including, but without limitation by enumeration, a photograph of the respondent, a description of any distinguishing marks of his person, other names and aliases by which he has been or is known, the name of his employer, his fingerprints, and his social security number. However, no cause of action shall arise unless the obligee is in need of support or the obligor has failed and refused to support the obligee.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-53 - Representation of petitioner by district attorney; fees; monthly collection reports; payment to county for services; clerk's fees

(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 district attorney shall be authorized to require the completion of an application. Fees for such services shall be charged as part of the application in accordance with subsection (b) of Code Section
19-11-8
. The department shall be entitled to receive monthly reports concerning collections under this provision pursuant to Code Section
19-11-21
.
(b)
For such services by the district attorney there shall be paid to the county in which the petition is handled the sum of $50.00 for each petition handled, whether this state is the initiating or the responding state. In all counties in which the clerk of the superior court is on a fee basis, the district attorney shall pay from the sum so received by him to the clerk the fees as are allowed by law for the filing of petitions and service of processes filed under this article. However, before the sum shall be paid, an order granting or denying support must have been entered.
(c)
When acting pursuant to subsection (a) of this Code section, the district attorney shall represent the petitioner to the extent that the interests of the petitioner do not conflict with the interests of the department.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-54 - By whom petition for minor obligee brought; guardian ad litem not necessary

A petition on behalf of a minor obligee may be brought by a person having custody of the minor without appointment as guardian ad litem.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 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

(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 shall so certify and shall cause three copies of the petition, its certificate, and this article to be transmitted to the court in the responding state. If the name and address of the court are unknown and the responding state has an information agency comparable to that established in the initiating state it shall cause the copies to be transmitted to the state information agency or other proper officials of the responding state, with a request that it or they forward the copies to the proper court and that the court of the responding state acknowledge their receipt to the court of the initiating state.
(b)
If the responding state is a province or territory of the Dominion of Canada, the court of this state shall also set forth in its certificate the weekly or monthly amount in United States money which, in the court's opinion, the respondent should be required to pay for support of the petitioner; but such recommendation is provisional only and is subject to confirmation or modification by the court of the responding state.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-56 - Payment of costs and fees by state; issuance of execution to reimburse state

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 property, and stenographic service of both petitioner and respondent, or either, shall be paid by the state and shall direct that the district attorney's fee be paid by the state. The court may order that when the state has paid the costs above that a fi. fa. be issued against the respondent to reimburse the state for its expenditures. Where the action is brought by or through the state or an agency thereof, there shall be no filing fee.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-57 - When respondent's arrest authorized

(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 permissible under the law of the responding state.
(b)
When a court of this state, acting as a responding state, has reason to believe that the respondent may flee the jurisdiction, it may obtain the body of the respondent by appropriate process.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-58 - Department of Human Services designated state information agency; duties

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 information agency of every other state which has adopted this article or a substantially similar act;
(2)
To maintain a register of such lists received from other states and to transmit copies thereof, as soon as possible after receipt, to every court in this state having jurisdiction under this article;
(3)
To approve as to form all orders for payment of the district attorneys' fees and forward same to the Prosecuting Attorneys' Council of the State of Georgia for payment; and
(4)
To furnish to the district attorneys necessary forms, information, and assistance in proceedings under this article.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
Amended by 2008 Ga. Laws 564,§ 17, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-59 - Payment of district attorney's fee

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 appropriated for the operation of the district attorneys.
Amended by 2008 Ga. Laws 564,§ 18, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-60 - Duty of court of this state when acting as responding state

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 action as is necessary in accordance with the laws of this state to obtain jurisdiction.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-61 - Procedure when responding court unable to obtain jurisdiction; cooperation of police in locating respondent; transfer of documents upon location of respondent or his property

(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 its own initiative use all means at its disposal to trace the respondent or his property, and shall hold the case pending the receipt of more accurate information or an amended petition from the court in the initiating state or information from the district attorney that the matter should be transferred as provided in subsection (b) of this Code section. The local police authorities and the state police shall cooperate with the court in locating any respondent alleged by petition to be present in this state.
(b)
If the respondent or his property is not found in the county and the district attorney discovers that the respondent or his property may be found in another county of this state or in another state, the district attorney shall so inform the court. If the district attorney so informs the court, the clerk of court shall forward the documents received from the court in the initiating state to the superior court in the county of this state or to the appropriate court, information agency, or other proper officials of another state where the defendant or his property may be found. A clerk of court who so forwards documents shall give notice to the court from which the documents were received that the documents have been so forwarded.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-62 - Discovery procedures

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.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-63 - Order of support or reimbursement

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 subject the property of the respondent to such order.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-64 - Transmittal of copy of order to initiating state

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.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-65 - Power of court to assure compliance with orders

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 power:
(1)
To require the respondent to furnish recognizance in the form of a cash deposit or bond of such character and in such amount as the court may deem proper to assure payment of any amount required to be paid by the respondent;
(2)
To require the respondent to make payments at specified intervals to the department or any county agency designated by the court or to the obligee and to report personally to the department at such times as may be deemed necessary; and
(3)
To punish the respondent who violates any order of the court to the same extent as is provided by law for contempt of the court in any other action or proceeding cognizable by the court.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-66 - Determination of paternity

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 presence of either or both of the parties is not necessary, the court may adjudicate, by a jury trial if demanded by either party, the paternity issue. Otherwise the court may continue the hearing until the paternity issue has been adjudicated.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-67 - Transmittal of payments to court of initiating state; certified statement of payments made by respondent

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)
Upon the receipt of a payment made by the respondent pursuant to any order of the court or otherwise, to transmit the same forthwith to the court of the initiating state; and
(2)
Upon request, to furnish to the court of the initiating state a certified statement of all payments made by the respondent.
Amended by 2015 Ga. Laws 73,§ 5-45, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-68 - Duty of court of initiating state to disburse payments received

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.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-69 - Spouses competent and compellable to testify

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.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-70 - Rules of evidence

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.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-71 - Previous support orders not superseded; how payments credited

Any order of support issued by a court of this state when acting as a responding state shall not supersede any previous order of support issued in a divorce or separate maintenance action, but the amounts for a particular period paid pursuant to either order shall be credited against amounts accruing or accrued for the same period under both.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-72 - Jurisdiction in other proceedings not conferred

Participation in any proceedings under this article shall not confer upon any court jurisdiction of any of the parties thereto in any other proceeding.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-73 - Construction of article

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.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-74 - Temporary order

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.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-75 - Right of appeal; effect of appeal on order of support

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, until changed by further order of the court.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-76 - Additional remedies on foreign support order

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
.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-77 - Registration of foreign support order; filing in registry of foreign support orders

(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 support orders.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-78 - Application of Code Section 19-11-53

Code Section
19-11-53
shall apply equally when this state is acting either as a rendering or registering state.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-79 - Registration procedure - Transmittal of documents to district attorney; filing; notice; docketing

(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 state in which the order was made;
(3)
One copy of the law governing certification of orders in the state in which the order is being certified; and
(4)
A statement, verified and signed by the obligee, showing the post office address of the obligee, the last known place of residence and post office address of the obligor, the amount of support remaining unpaid, a description and the location of any property of the obligor available upon execution, and a list of the states in which the order is registered.
(b)
Upon receipt of the documents specified in subsection (a) of this Code section, the district attorney shall file them with the clerk of the superior court, for the purpose of setting a hearing thereon.
(c)
Within ten days after the filing, the clerk shall send, by certified or registered mail or statutory overnight delivery with return receipt requested, to the obligor at the address given, a notice of the filing with a copy of the support order and a copy of the rule nisi setting the matter down for hearing. He shall also docket the case for hearing and notify the district attorney.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-80 - Registration procedure - Hearing; defenses; grounds for stay; entry of order as registration; county's entitlement to fee; through whom payments made

(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, the court shall stay enforcement of the order until the appeal is concluded, the time for appeal is expired, or the order is vacated, upon satisfactory proof that the obligor has furnished security for payment of the support as required by the rendering state. If he shows to the court any ground upon which enforcement of a support order of this state may be stayed, the court shall stay enforcement of the order for an appropriate period if the obligor furnishes the same security for payment of the support ordered that is required for a support order of this state.
(b)
If the obligor asserts no defenses or the court finds the obligor's defenses meritless, the court shall proceed to enter an order making the foreign support order an order of the courts of this state. The entry of such an order constitutes registration under this article.
(c)
The registration of a foreign support order or of an order denying registration or of an order in an action brought to enforce a registered foreign support order shall constitute an order granting or denying support for the purposes of entitling the county in which a proceeding is brought under Code Sections
19-11-76
through
19-11-79
, this Code section, and Code Section
19-11-81
to the $50.00 fee as provided in Code Section
19-11-53
.
(d)
The court shall be empowered to order payment under the terms of the registered order through the clerk of the superior court, the department, or such other collection agency as the court shall designate.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 2 - UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (§§ 19-11-40 — 19-11-81) › Section 19-11-81 - Effect of registration of foreign support order

Upon registration, the registered foreign support order shall be treated in the same manner as a support order issued by a court of this state. It has the same effect and is subject to the same procedures, defenses, and proceedings for modifying, vacating, or staying as a support order of this state and may be enforced and satisfied in like manner.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 3 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 19-11-100 — 19-11-191) › Part 1 - GENERAL PROVISIONS (§§ 19-11-100 — 19-11-104) › Section 19-11-100 - Short title

This article shall be known and may be cited as the "Uniform Interstate Family Support Act."
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 3 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 19-11-100 — 19-11-191) › Part 1 - GENERAL PROVISIONS (§§ 19-11-100 — 19-11-104) › Section 19-11-102 - Designated tribunals; support enforcement agency

(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.
Amended by 2013 Ga. Laws 224,§ 1, eff. 7/1/2013.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 3 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 19-11-100 — 19-11-191) › Part 1 - GENERAL PROVISIONS (§§ 19-11-100 — 19-11-104) › Section 19-11-103 - Nature of remedies

(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 support order under the law of Georgia; or
(2)
Grant a tribunal of Georgia jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding under this article.
Amended by 2013 Ga. Laws 224,§ 1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 3 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 19-11-100 — 19-11-191) › Part 1 - GENERAL PROVISIONS (§§ 19-11-100 — 19-11-104) › Section 19-11-104 - Applicability

(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 that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of Parts 1 through 6 of this article.
(c)
Part 7 of this article applies only to a support proceeding under the convention. In such a proceeding, if a provision of Part 7 of this article is inconsistent with Parts 1 through 6 of this article, Part 7 of this article controls.
Added by 2013 Ga. Laws 224,§ 1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 3 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 19-11-100 — 19-11-191) › Part 2 - JURISDICTION; COOPERATION BETWEEN STATES (§§ 19-11-110 — 19-11-119.1) › Section 19-11-110 - Jurisdiction

(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 process within Georgia;
(2)
The individual submits to the jurisdiction of Georgia by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;
(3)
The individual resided with the child in Georgia;
(4)
The individual resided in Georgia and provided prenatal expenses or support for the child;
(5)
The child resides in Georgia as a result of the acts or directives of the individual;
(6)
The individual engaged in sexual intercourse in Georgia and the child may have been conceived by that act of intercourse;
(7)
The individual asserted parentage of a child in the putative father registry maintained in this state by the Department of Human Services; or
(8)
There is any other basis consistent with the Constitutions of Georgia and the United States for the exercise of personal jurisdiction.
(b)
The bases of personal jurisdiction set forth in subsection (a) of this Code section or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child support order of another state unless the requirements of Code Section
19-11-170
are met, or, in the case of a foreign support order, unless the requirements of Code Section
19-11-174
are met.
Amended by 2013 Ga. Laws 224,§ 1, eff. 7/1/2013.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 3 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 19-11-100 — 19-11-191) › Part 2 - JURISDICTION; COOPERATION BETWEEN STATES (§§ 19-11-110 — 19-11-119.1) › Section 19-11-111 - Personal jurisdiction continues while Georgia tribunal retains continuing, exclusive jurisdiction

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 enforce its order as provided by Code Sections
19-11-114
,
19-11-115
, and
19-11-119.1
.
Amended by 2013 Ga. Laws 224,§ 1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 3 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 19-11-100 — 19-11-191) › Part 2 - JURISDICTION; COOPERATION BETWEEN STATES (§§ 19-11-110 — 19-11-119.1) › Section 19-11-112 - Authority of tribunal

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.
Amended by 2013 Ga. Laws 224,§ 1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 3 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 19-11-100 — 19-11-191) › Part 2 - JURISDICTION; COOPERATION BETWEEN STATES (§§ 19-11-110 — 19-11-119.1) › Section 19-11-113 - Limitation on jurisdiction of Georgia tribunal if action filed in another state or foreign country

(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 of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;
(2)
The contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and
(3)
If relevant, Georgia is the home state of the child.
(b)
A tribunal in Georgia may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if:
(1)
The petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in Georgia for filing a responsive pleading challenging the exercise of jurisdiction by Georgia;
(2)
The contesting party timely challenges the exercise of jurisdiction in Georgia; and
(3)
If relevant, the other state or foreign country is the home state of the child.
Amended by 2013 Ga. Laws 224,§ 1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 11 - ENFORCEMENT OF DUTY OF SUPPORT (§§ 19-11-1 — 19-11-191) › Article 3 - UNIFORM INTERSTATE FAMILY SUPPORT ACT (§§ 19-11-100 — 19-11-191) › Part 2 - JURISDICTION; COOPERATION BETWEEN STATES (§§ 19-11-110 — 19-11-119.1) › Section 19-11-114 - Continuing, exclusive jurisdiction to modify support order

(a)
A tribunal in Georgia that has issued a child support order consistent with the law of Georgia has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and:
(1)
At the time of the filing of a request for modification Georgia is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or
(2)
Even if Georgia is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of Georgia may continue to exercise jurisdiction to modify its order.
(b)
A tribunal in Georgia that has issued a child support order consistent with the law of Georgia may not exercise continuing, exclusive jurisdiction to modify the order if:
(1)
All of the parties who are individuals file consent in a record with the tribunal of Georgia that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or
(2)
Its order is not the controlling order.
(c)
If a tribunal of another state has issued a child support order pursuant to this article or a law substantially similar to this article which modifies a child support order of a tribunal of Georgia, tribunals of Georgia shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.
(d)
A tribunal of Georgia that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.
(e)
A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
Amended by 2013 Ga. Laws 224,§ 1, eff. 7/1/2013.