reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 6 - ALIMONY AND CHILD SUPPORT GENERALLY (§§ 19-6-1 — 19-6-53) › Section 19-6-9 - Voluntary separation, abandonment, or driving off of spouse - Equity may compel support

Absent the making of a voluntary contract or other agreement, as provided in Code Section
19-6-8
, and on the application of a party, the court, exercising its equitable powers, may compel the spouse of the party to make provision for the support of the party and such minor children and any dependent adult child as defined in Code Section 19-6-15.1 and as may be in the custody of the party.
Amended by 2024 Ga. Laws 479,§ 1, eff. 7/1/2024, app. to all causes of action accruing on or after 7/1/2024.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 6 - ALIMONY AND CHILD SUPPORT GENERALLY (§§ 19-6-1 — 19-6-53) › Section 19-6-10 - Voluntary separation, abandonment, or driving off of spouse - Petition for alimony or child support when no divorce pending - Order and enforcement; equitable remedies; effect of filing for divorce

When spouses are living separately or in a bona fide state of separation and there is no action for divorce pending, either party, on the party's own behalf or on the behalf of the minor children and any dependent adult child as defined in Code Section 19-6-15.1 in the party's custody, if any, may institute a proceeding by petition, setting forth fully the party's case. Upon three days' notice to the other party, the judge may hear the same and may grant such order as he or she might grant were it based on a pending petition for divorce, to be enforced in the same manner, together with any other remedy applicable in equity, such as appointing a receiver and the like. Should the petition proceed to a hearing before a jury, the jury may render a verdict which shall provide the factual basis for equitable relief as in Code Section
19-6-9
. However, such proceeding shall be held in abeyance when a petition for divorce is filed bona fide by either party and the judge presiding has made his or her order on the motion for alimony. When so made, the order shall be a substitute for the aforesaid decree in equity as long as the petition is pending and is not finally disposed of on the merits.
Amended by 2024 Ga. Laws 479,§ 2, eff. 7/1/2024, app. to all causes of action accruing on or after 7/1/2024.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 6 - ALIMONY AND CHILD SUPPORT GENERALLY (§§ 19-6-1 — 19-6-53) › Section 19-6-11 - Voluntary separation, abandonment, or driving off of spouse - Petition for alimony or child support when no divorce pending - Appeals

A judgment of the superior court in a case brought under Code Section
19-6-10
shall be appealable on the same terms as are prescribed in divorce cases.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 6 - ALIMONY AND CHILD SUPPORT GENERALLY (§§ 19-6-1 — 19-6-53) › Section 19-6-12 - Voluntary separation, abandonment, or driving off of spouse - Effect of subsequent cohabitation between spouses on permanent alimony

The subsequent voluntary cohabitation of spouses, where there has been no total divorce between them, shall annul and set aside all provision made either by deed or decree for permanent alimony; provided, however, that the rights of children under any deed of separation or voluntary provision or decree for alimony shall not be affected by such subsequent voluntary cohabitation of the spouses.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 6 - ALIMONY AND CHILD SUPPORT GENERALLY (§§ 19-6-1 — 19-6-53) › Section 19-6-13 - Liability of parents for necessaries furnished to children pending voluntary provision or court order

Until otherwise provided voluntarily or by decree or order of a court, each party shall be liable to third persons for the board and support and for all necessaries furnished to or for the benefit of the parties' children.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 6 - ALIMONY AND CHILD SUPPORT GENERALLY (§§ 19-6-1 — 19-6-53) › Section 19-6-14 - Child support and custody pending final divorce; liability to third persons for necessaries

Pending a final judgment in an action for divorce, the judge presiding may grant as temporary child support a sum sufficient for the support of the children of the parties in accordance with Code Section
19-6-15
. The judge may also hear and determine who shall be entitled to the care and custody of the children until the final judgment in the case. If a sum is awarded for the support of the children, the party who is required to pay the support shall not be liable to third persons for necessaries furnished to the children.
Amended by 2017 Ga. Laws 242,§ 1-2, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 6 - ALIMONY AND CHILD SUPPORT GENERALLY (§§ 19-6-1 — 19-6-53) › Section 19-6-15.1 - [Legal proceeding to establish support for dependent adult child]

(a)
As used in this article, the term "dependent adult child" means an unmarried individual who has reached the age of majority and is incapable of self-support as a result of a physical or mental incapacity that began before the individual reached the age of majority.
(b)
A legal proceeding may be brought to establish support for a dependent adult child. Such proceeding shall be brought in accordance with Code Section
19-6-26
and may be brought by the following:
(1)
Either parent;
(2)
A nonparent custodian;
(3)
A guardian appointed to receive support for the dependent adult child whose benefit the support is ordered; or
(4)
The dependent adult child for whose benefit the support is ordered or his or her agent under a durable power of attorney.
(c)
A legal proceeding initiated pursuant to this Code section may be filed at any time after a dependent adult child reaches 17 years and six months of age, unless an order for support was established during the dependent adult child's minority.
(d)
The amount of support to be paid by one or both parents shall be established in a separate support proceeding pursuant to subsection (b) of this Code section; provided, however, that if a court has jurisdiction over the parties for an issue of support, the parents of an adult dependent child may agree in writing to provide for dependent adult child support in an existing case provided that such agreement is submitted to the court for approval before such child reaches 18 years of age.
(e)
Support ordered after a dependent adult child reaches 18 years of age shall be paid only to the dependent adult child or his or her court appointed guardian advocate, guardian, or agent under a durable power of attorney; provided, however, that the court, in the exercise of its sound discretion, may irrevocably assign the support to a special needs trust established pursuant to
42 U.S.C. Section 1396p(d)(4)(A)
or
1396p(d)(4)(C)
for the benefit of the dependent adult child by the dependent adult child, his or her agent under a durable power of attorney, the court, a parent or grandparent, a guardian, or a guardian advocate who has been delegated those rights in order to maintain the dependent adult child's means-based government benefits. The court shall not order support for a dependent adult child to be paid to the family support registry established pursuant to Code Section
19-6-33.1
.
Added by 2024 Ga. Laws 479,§ 4, eff. 7/1/2024, app. to all causes of action accruing on or after 7/1/2024.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 6 - ALIMONY AND CHILD SUPPORT GENERALLY (§§ 19-6-1 — 19-6-53) › Section 19-6-16 - Enforcement of child support orders, decrees, or verdicts

Orders, decrees, or verdicts, permanent or temporary, in favor of the children may be enforced as those in favor of a party.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 6 - ALIMONY AND CHILD SUPPORT GENERALLY (§§ 19-6-1 — 19-6-53) › Section 19-6-17 - Application for child support when custody awarded to nonparent or noncustodial parent was not subject to divorce court's jurisdiction; procedure; enforcement; judgment

(a)
Whenever the custody of a minor child has been lawfully awarded by any court having jurisdiction thereof to:
(1)
Any individual other than a parent of such child at any time subsequent to the rendition of a final divorce decree between the parents of such child; or
(2)
A parent as part of the final divorce decree when the court awarding the decree was unable to obtain jurisdiction over the parent without custody for purposes of a determination as to whether the parent should be bound for support of such child and the court's decree contains no specific provisions binding the parent without custody for the support of such child,
the parent or other individual to whom the custody of such child is awarded may apply by petition to the superior court in the county where the parent without custody of such child resides for an order and judgment fixing the amount of support money that the parent without custody shall provide in order to fulfill the parent's natural duty to supply the necessaries of life for such child.
(b)
The procedure provided for in this Code section shall be available in cases in which the parent with custody of such child is the petitioner, notwithstanding the fact that the divorce decree and judgment may have been rendered in favor of the parent without custody.
(c)
The petition shall be served upon the respondent. The petition shall be heard by the court unless a jury trial is demanded by either party to the case. The judgment shall be reviewable as in other cases. The order or judgment shall likewise be subject to modification in the event of changed circumstances, under the same terms and conditions as are provided for in other cases of child support granted in connection with the rendition of a final decree in divorce cases.
(d)
The order and judgment of the court shall remain in effect, except as limited by its own restrictions and subsection (c) of this Code section, so long as the petitioner remains in lawful custody of such child and until such child becomes 18 years of age. Execution may be granted to the petitioner for any sums past due under the order and judgment, in accordance with procedures in other cases of judgments for alimony.
(e)
Any payment or installment of support under any child support order is, on and after the date due:
(1)
A judgment by operation of law, with the full force and effect and attributes of a judgment of this state, including the ability to be enforced;
(2)
Entitled as a judgment to full faith and credit; and
(3)
Not subject to retroactive modification.
Amended by 2017 Ga. Laws 242,§ 1-9, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 6 - ALIMONY AND CHILD SUPPORT GENERALLY (§§ 19-6-1 — 19-6-53) › Section 19-6-18 - Revision of judgment for permanent alimony and child support rendered prior to July 1, 1977; petition and hearing; expenses of litigation

(a)
The judgment of a court providing permanent alimony for the support of a wife or child or children, or both, rendered prior to July 1, 1977, shall be subject to revision upon petition filed by either the husband or the wife showing a change in the income and financial status of the husband. The petition shall be filed and returnable under the same rules of procedure applicable to divorce proceedings. The petition shall be filed in the proper venue provided by law in civil cases. No petition may be filed by the wife under this Code section within a period of two years from the date of the filing of a previous petition by the wife under this Code section. No petition may be filed by the husband under this Code section within a period of two years from the date of the filing of a previous petition by the husband under this Code section. After hearing both parties and the evidence, the jury, or the judge where a jury is not demanded, may modify and revise the previous judgment so as to provide for the wife or child or children, or both, in accordance with the changed income and financial status of the husband, if such a change in the income and financial status of the husband is satisfactorily proved so as to warrant the modification and revision. In the hearing upon a petition filed as provided in this Code section, testimony may be given and evidence introduced relative to the income and financial status of the wife.
(b)
Upon an application as authorized in subsection (a) of this Code section, the merits of whether the wife, or child or children, or both, are entitled to alimony and support are not in issue, but only whether there has been such a substantial change in the income and financial status of the husband as to warrant either a downward or upward revision and modification of the permanent alimony judgment.
(c)
An application authorized in subsection (a) of this Code section can be filed only where the husband has been ordered by the final judgment in an alimony or divorce and alimony action to pay permanent alimony in weekly, monthly, annual, or similar periodic payments, and not where the wife, or child or children, or both, have been given an award from the corpus of the husband's estate in lieu of such periodic payment.
(d)
Where an application authorized in subsection (a) of this Code section is filed by the husband, the court may require the husband to pay reasonable expenses of litigation as may be incurred by the wife, either for herself or the child or children, or both, in defense thereof.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 6 - ALIMONY AND CHILD SUPPORT GENERALLY (§§ 19-6-1 — 19-6-53) › Section 19-6-20 - Revision of judgment for permanent alimony, generally - Issues for court to consider

In the trial on a petition authorized in subsection (a) of Code Section
19-6-19
, the merits of whether a party is entitled to alimony are not an issue. The only issue is whether there has been such a substantial change in the income and financial status of either former spouse, in cases of permanent alimony for the support of a former spouse, as to warrant either a downward or upward revision or modification of the permanent alimony judgment.
Amended by 2005 Ga. Laws 52,§ 7, eff. 4/22/2005.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 6 - ALIMONY AND CHILD SUPPORT GENERALLY (§§ 19-6-1 — 19-6-53) › Section 19-6-21 - Revision of judgment for permanent alimony - Not available in case of lump sum award

A petition authorized in subsection (a) of Code Section
19-6-19
can be filed only where a party has been ordered by the final judgment in an alimony or divorce and alimony action to pay permanent alimony in weekly, monthly, annual, or similar periodic payments and not where the former spouse of such party has been given an award from the corpus of the party's estate in lieu of such periodic payment.
Amended by 2005 Ga. Laws 52,§ 8, eff. 4/22/2005.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 6 - ALIMONY AND CHILD SUPPORT GENERALLY (§§ 19-6-1 — 19-6-53) › Section 19-6-22 - Revision of judgment for permanent alimony - Expenses of litigation

Where a petition authorized by subsection (a) of Code Section
19-6-19
is filed by a party obligated to pay alimony, the court may require the party to pay the reasonable expenses of litigation as may be incurred by the party's former spouse on behalf of the former spouse in defense thereof.
Amended by 2005 Ga. Laws 52,§ 9, eff. 4/22/2005.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 6 - ALIMONY AND CHILD SUPPORT GENERALLY (§§ 19-6-1 — 19-6-53) › Section 19-6-23 - Applicability of Code Section 19-6-18 or Code Sections 19-6-19 through 19-6-22 to judgments on or after March 9, 1955

Code Section
19-6-18
or Code Sections
19-6-19
through
19-6-22
, as applicable, shall be effective and shall apply to any judgment of a court providing permanent alimony for support, unless rendered prior to March 9, 1955, in which case Code Section
19-6-24
shall apply.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 6 - ALIMONY AND CHILD SUPPORT GENERALLY (§§ 19-6-1 — 19-6-53) › Section 19-6-24 - Applicability of Code Section 19-6-18 or Code Sections 19-6-19 through 19-6-22 to judgments prior to March 9, 1955

Code Section
19-6-18
or Code Sections
19-6-19
through
19-6-22
, as applicable, shall apply to all judgments for permanent alimony for the support of a wife rendered prior to March 9, 1955, where all the following conditions are met:
(1)
Both parties to the case in which the judgment for permanent alimony was rendered consent in writing to the revision, amendment, alteration, settlement, satisfaction, or release thereof;
(2)
There are no minor children involved or, if there were minor children at the time the original judgment was rendered, the children are all of age at the time the application is filed;
(3)
The judge of the court wherein the original judgment for permanent alimony was rendered approves the revision, amendment, alteration, settlement, satisfaction, or release; and
(4)
The consent of the parties, together with the court's approval, is filed with the clerk of the court wherein the original judgment for permanent alimony was rendered.
Amended by 2005 Ga. Laws 52,§ 10, eff. 4/22/2005.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 6 - ALIMONY AND CHILD SUPPORT GENERALLY (§§ 19-6-1 — 19-6-53) › Section 19-6-25 - Revision of judgments for permanent alimony entered prior to March 9, 1955

When any judgment for permanent alimony rendered prior to March 9, 1955, is revised, amended, altered, settled, satisfied, or released, the same shall not thereafter be subject to revision, except upon the conditions specified in Code Section
19-6-24
.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 6 - ALIMONY AND CHILD SUPPORT GENERALLY (§§ 19-6-1 — 19-6-53) › Section 19-6-27 - Application for permanent alimony or child support after grant of foreign divorce decree; venue; hearing; review; modification

(a)
Whenever, in any foreign country or any other state of the United States, any person obtains a divorce from such person's spouse, which spouse at the time of the filing of the divorce action was a resident of this state, and in the divorce action the spouse was not personally served with petition and process but was served constructively and did not appear, plead, or otherwise waive jurisdiction of the foreign court, the spouse, at any time subsequent to the granting of the foreign divorce decree, may apply to the superior court for an order and judgment for permanent alimony for the support of such spouse and the child or children of the parties, if any. The permanent alimony action shall be filed, pleaded, and tried as if no divorce decree had been entered, even though the foreign decree may be entitled to full faith and credit in dissolving the marriage. If the person who obtained the divorce has become a resident of this state, the action for alimony shall be brought in the county of the person's residence; otherwise, the action shall be brought in the county in which the spouse applying for alimony resides.
(b)
The procedure provided for in subsection (a) of this Code section shall not be available for the support of any child or children whose custody and support was legally adjudicated in the foreign court unless custody of the child or children is subsequently changed by a court having jurisdiction of the parties.
(c)
A petition brought under this Code section shall be served upon the person who obtained the divorce, as in actions for permanent alimony, and shall be heard by the judge unless a jury trial is demanded by either party to the case. The judgment shall be reviewable as in other cases. The order or judgment shall be subject to modification upon a change of condition, in the same manner that other orders or judgments for permanent alimony are subject to modification.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 6 - ALIMONY AND CHILD SUPPORT GENERALLY (§§ 19-6-1 — 19-6-53) › Section 19-6-28.1 - Suspension of, or denial of application or renewal of, license for noncompliance with child support order

(a)
As used in this Code section, the term:
(1)
"License" means a certificate, permit, registration, or any other authorization issued by the Department of Public Safety or any other licensing entity that allows a person to operate a motor vehicle, to engage in a profession, business, or occupation, or to hunt or fish.
(2)
"Licensing entity" means any state agency, department, or board of this state which issues or renews any license, certificate, permit, or registration to authorize a person to drive a motor vehicle, to hunt or fish, or to engage in a profession, business, or occupation including those under Article 3 of Chapter 7 of Title 2, the "Georgia Pesticide Use and Application Act of 1976"; Article 13 of Chapter 1 of Title 7, relating to mortgage lenders and mortgage brokers; Chapter 5 of Title 10, the "Georgia Uniform Securities Act of 2008," relating to securities salespersons and investment adviser representatives; Part 2 of Article 1 of Chapter 6 of Title 12, relating to foresters; Chapter 4 of Title 26, relating to pharmacists; Chapter 23 of Title 33, relating to insurance agents, counselors, and other personnel; Chapter 1 of Title 43, relating to professions and businesses; Chapter 39A of Title 43, relating to real estate appraisers; or Chapter 40 of Title 43, relating to real estate brokers and salespersons.
(b)
In any proceeding for enforcement of a judgment or order to pay child support, if the court is satisfied by competent proof that the respondent has accumulated support arrears equivalent to or greater than the current support due for 60 days and that the respondent is licensed to conduct a trade, business, profession, or occupation, licensed to hunt or fish, licensed to drive a motor vehicle, owns a motor vehicle which is registered in this state in his or her name, or is applying for the renewal or issuance of any such license or registration, the court may order the appropriate licensing or registering entity to suspend the license or registration or deny the application for such license and to inform the court of the actions it has taken pursuant to such proceedings. Evidence relating to the ability and willingness of the respondent to comply with an order of child support shall be considered by the court prior to the entry of any order under this Code section.
(c)
The court shall inform the respondent that competent proof for purposes of proving to a licensing or registering entity that the respondent is in compliance with the order for child support shall be written proof of payment by cash or a certified check, notice issued by the court, or notice from a child support receiver, if such receiver has been appointed.
Amended by 2008 Ga. Laws 528,§ 10, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 6 - ALIMONY AND CHILD SUPPORT GENERALLY (§§ 19-6-1 — 19-6-53) › Section 19-6-29 - Inclusion of accident and sickness insurance coverage in order for child support; payroll deductions

(a)
In any case before the court involving child support, the court may inquire into the availability of accident and sickness insurance coverage to any person obligated to support and, if such coverage is reasonably available, may include in the order of support provision for such coverage.
(b)
Any order of support of a child entered or modified on or after July 1, 1992, which includes provision for accident and sickness insurance may include a provision for payroll deduction of an amount which is sufficient to provide for the payment of premiums of such accident and sickness insurance.
(c)
An order for payroll deduction entered pursuant to subsection (b) of this Code section shall be consistent with the provisions of Code Sections
19-6-30
through
19-6-33.1
.
Amended by 2017 Ga. Laws 242,§ 1-10, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 6 - ALIMONY AND CHILD SUPPORT GENERALLY (§§ 19-6-1 — 19-6-53) › Section 19-6-30 - Collection of child support by continuing garnishment; child or spouse support subject to income deduction

(a)
Any order of support of a child entered or modified on or after July 1, 1985, shall contain the following provision:
"Whenever, in violation of the terms of this order there shall have been a failure to make the support payments due hereunder so that the amount unpaid is equal to or greater than the amount payable for one month, the payments required to be made may be collected by the process of continuing garnishment for support."
(b)
All cases involving orders of support of a child or spouse being enforced by the entity within the Department of Human Services and its contractors that are authorized to enforce support orders shall utilize income withholding as set forth in Code Sections
19-6-32
through
19-6-33.1
.
Amended by 2024 Ga. Laws 428,§ 1, eff. 7/1/2024.
Amended by 2017 Ga. Laws 242,§ 1-11, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 6 - ALIMONY AND CHILD SUPPORT GENERALLY (§§ 19-6-1 — 19-6-53) › Section 19-6-31 - [Repealed] Definitions

Repealed by 2017 Ga. Laws 242,§ 1-12, eff. 7/1/2017.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
Amended by 2002 Ga. Laws 951, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 6 - ALIMONY AND CHILD SUPPORT GENERALLY (§§ 19-6-1 — 19-6-53) › Section 19-6-34 - Inclusion of life insurance in order of support

(a)
In any case before the court involving child support, the court may include in the order of support provision for life insurance on the life of either parent or the lives of both parents for the benefit of the minor children. The court may order either parent or both parents to obtain and maintain the life insurance.
(b)
The amount of the premium for such life insurance may be considered as a deviation to the presumptive amount of child support pursuant to the provisions of Code Section
19-6-15
, provided that the court shall review the amount of the premium for reasonableness under the circumstances of the case and the best interest of the child.
(c)
Except as provided in subsection (d) of this Code section, an order for child support shall not require maintenance of life insurance for a child's benefit after the child reaches the age of majority and shall not require that the proceeds of life insurance be available for the benefit of a child after the child reaches the age of majority.
(d)
(1)
The trier of fact, in the exercise of sound discretion, may direct either or both parents to maintain life insurance for the benefit of a child who has not previously married or become emancipated, who is enrolled in and attending a secondary school, and who has attained the age of majority before completing his or her secondary school education, provided that maintenance of such life insurance for the benefit of the child shall not be required after a child attains 20 years of age.
(2)
The trier of fact, in the exercise of its sound discretion, may direct either or both parents to maintain life insurance for the benefit of a dependent adult child as defined in Code Section 19-6-15.1.
(e)
Nothing in this Code section shall prevent parents from entering into an agreement for the provision of life insurance that differs from or exceeds the terms of this Code section.
Amended by 2024 Ga. Laws 479,§ 5, eff. 7/1/2024, app. to all causes of action accruing on or after 7/1/2024.
Amended by 2006 Ga. Laws 650,§ 5, eff. 1/1/2007.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 6 - ALIMONY AND CHILD SUPPORT GENERALLY (§§ 19-6-1 — 19-6-53) › Section 19-6-35 - Child support obligee regarded as creditor for attacking certain judgments and transactions

(a)
As used in this Code section, the term:
(1)
"Child support obligee" means an individual to whom the payment of a child support obligation is owed and includes a custodial parent or caretaker of a child to whom such support obligation is to be paid or a governmental agency entitled by law to enforce a child support obligation on behalf of such parent, caretaker, or child.
(2)
"Child support obligor" means an individual owing a duty of support to a child or children, whether or not such duty is evinced by a judgment, order, or decree.
(b)
A child support obligee shall be regarded as a creditor, and a child support obligor shall be regarded as a debtor, as defined in Code Section
18-2-1
, for the purposes of attacking as fraudulent a judgment, conveyance, transaction, or other arrangement interfering with the creditor's rights, either at law or in equity.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 6 - ALIMONY AND CHILD SUPPORT GENERALLY (§§ 19-6-1 — 19-6-53) › Section 19-6-36 - Judgment or lien surviving death; procedure and rights

(a)
A judgment or lien that survives the death of a party and is enforceable against the estate of the deceased party under subsection (d) of Code Section
19-6-1
, Code Section
19-6-7
, or any other provision of this article shall operate as a judgment or other lien created during the lifetime of the deceased party under paragraph (6) of Code Section
53-7-40
and such claim against the estate of the deceased party shall be paid accordingly by the personal representative of the estate as provided in Article 4 of Chapter 7 of Title 53. The personal representative may address such claim in any manner provided by this article or by Code Section
53-7-44
or
53-7-45
.
(b)
Nothing in subsection (a) of this Code section shall alter or impair the rights of any person under this article as such rights existed immediately prior to January 1, 2021.
Added by 2020 Ga. Laws 508,§ 2-25, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 6 - ALIMONY AND CHILD SUPPORT GENERALLY (§§ 19-6-1 — 19-6-53) › Section 19-6-50 - Creation; responsibilities

There is created the Georgia Child Support Commission for the purpose of studying and collecting information and data relating to awards of child support and to create and revise the child support obligation table. The commission shall be responsible for conducting a comprehensive review of the child support guidelines, economic conditions, and all matters relevant to maintaining effective and efficient child support guidelines and modifying child support orders that will serve the best interest of Georgia's children and take into account the changing dynamics of family life. Further, the commission shall determine whether adjustments are needed to the child support obligation table taking into consideration the guidelines set forth in Code Section
19-6-53
. Nothing contained in the commission's report shall be considered to authorize or require a change in the child support obligation table without action by the General Assembly.
Added by 2005 Ga. Laws 52,§ 11, eff. 4/22/2005.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 6 - ALIMONY AND CHILD SUPPORT GENERALLY (§§ 19-6-1 — 19-6-53) › Section 19-6-51 - Members; terms; chairperson, other officers, and committees; staffing and funding

(a)
The Georgia Child Support Commission shall be composed of 15 members. The Governor shall appoint all of the members as follows:
(1)
Three members who shall be judges in a superior court;
(2)
One member who shall be a Justice of the Supreme Court of Georgia or a Judge of the Georgia Court of Appeals or the Justice's or Judge's designee;
(3)
Two members of the House of Representatives and two members of the Senate; and
(4)
Seven other members.
Each member of the commission shall be appointed to serve for a term of four years or until his or her successor is duly appointed except the members of the General Assembly, who shall serve until completion of their current terms of office. The initial members of the commission appointed pursuant to paragraph (1) of this subsection shall serve for terms of three years. The initial member of the commission appointed pursuant to paragraph (2) of this subsection shall serve for a term of four years. The initial members of the commission appointed pursuant to paragraph (4) of this subsection shall serve for terms of two years. The initial members of the commission shall be appointed not later than May 22, 2005, and shall serve until their terms expire. The succeeding members of the commission shall begin their terms of office on July 1 of the year in which appointed. A member may be appointed to succeed himself or herself on the commission. If a member of the commission is an elected official, he or she shall be removed from the commission if he or she no longer serves as an elected official.
(b)
The Governor shall designate the chairperson of the commission. The commission may elect other officers as deemed necessary. The chairperson of the commission may designate and appoint committees from among the membership of the commission as well as appoint other persons to perform such functions as he or she may determine to be necessary as relevant to and consistent with this article. The chairperson shall only vote to break a tie.
(c)
The commission shall be attached for administrative purposes only to the Department of Human Services. The Department of Human Services shall provide staff support for the commission. The Department of Human Services shall use any funds specifically appropriated to it to support the work of the commission.
Amended by 2010 Ga. Laws 624,§ 19, eff. 6/3/2010.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
Added by 2005 Ga. Laws 52,§ 11, eff. 4/22/2005.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 6 - ALIMONY AND CHILD SUPPORT GENERALLY (§§ 19-6-1 — 19-6-53) › Section 19-6-52 - Meetings; members' expenses

(a)
The commission shall hold meetings at the call of the chairperson or as called by the Governor. Meetings shall be open to the public.
(b)
A quorum for transacting business shall be a majority of the members of the commission.
(c)
Any legislative members of the commission shall receive the allowances provided for in Code Section
28-1-8
. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section
45-7-21
as well as the mileage or transportation allowance authorized for state employees. Members of the commission who are state officials, other than legislative members, or state employees shall receive no compensation for their services on the commission, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the commission in the same manner as they are reimbursed for expenses in their capacities as state officials or state employees. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this article shall come from funds appropriated to the House of Representatives and the Senate.
Added by 2005 Ga. Laws 52,§ 11, eff. 4/22/2005.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 7 - PARENT AND CHILD RELATIONSHIP GENERALLY (§§ 19-7-1 — 19-7-54) › Article 1 - GENERAL PROVISIONS (§§ 19-7-1 — 19-7-6) › Section 19-7-2 - Parents' obligations to child

It is the joint and several duty of each parent to provide for the maintenance, protection, and education of his or her child until the child reaches the age of majority, dies, marries, or becomes emancipated, whichever first occurs, except as otherwise authorized and ordered pursuant to subsection (e) of Code Section
19-6-15
and except to the extent that the duty of the parents is otherwise or further defined by court order.
Amended by 2006 Ga. Laws 650,§ 7, eff. 1/1/2007.
Amended by 2005 Ga. Laws 52,§ 12, eff. 4/22/2005.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 7 - PARENT AND CHILD RELATIONSHIP GENERALLY (§§ 19-7-1 — 19-7-54) › Article 1 - GENERAL PROVISIONS (§§ 19-7-1 — 19-7-6) › Section 19-7-4 - Criteria for loss of parental custody

If a child is found under circumstances of destitution and suffering, abandonment, or exposure or if the child has been begging or if it is found that the child is being reared under immoral, obscene, or indecent influences which are likely to degrade his moral character and devote him to a vicious life and it appears to the appropriate court by competent evidence, including such examination of the child as may be practicable, that by reason of the neglect, habitual drunkenness, lewd or other vicious habits, or other behavior of the parents or guardians of the child, it is necessary for the welfare of the child to protect the child from such conditions, the court may order that the parents or guardians be deprived of custody of the child and that appropriate measures as provided by law be taken for the welfare of the child.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 7 - PARENT AND CHILD RELATIONSHIP GENERALLY (§§ 19-7-1 — 19-7-54) › Article 2 - LEGITIMACY (§§ 19-7-20 — 19-7-27) › Section 19-7-20 - Circumstances of legitimacy; disproving legitimacy; legitimation by marriage of parents and recognition of child

(a)
All children born in wedlock or within the usual period of gestation thereafter are legitimate.
(b)
The legitimacy of a child born as described in subsection (a) of this Code section may be disputed. Where possibility of access exists, the strong presumption is in favor of legitimacy and the proof must be clear to establish the contrary. If pregnancy existed at the time of the marriage and a divorce is sought and obtained on that ground, the child, although born in wedlock, will not be legitimate.
(c)
The marriage of the mother and reputed father of a child born out of wedlock and the recognition by the father of the child as his shall render the child legitimate; in such case the child shall immediately take the surname of his father.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 7 - PARENT AND CHILD RELATIONSHIP GENERALLY (§§ 19-7-1 — 19-7-54) › Article 2 - LEGITIMACY (§§ 19-7-20 — 19-7-27) › Section 19-7-21 - When children conceived by artificial insemination legitimate

All children born within wedlock or within the usual period of gestation thereafter who have been conceived by means of artificial insemination are irrebuttably presumed legitimate if both spouses have consented in writing to the use and administration of artificial insemination.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 7 - PARENT AND CHILD RELATIONSHIP GENERALLY (§§ 19-7-1 — 19-7-54) › Article 2 - LEGITIMACY (§§ 19-7-20 — 19-7-27) › Section 19-7-21.1 - [Repealed] "Acknowledgment of legitimation" and "legal father" defined; signing acknowledgment of legitimation; when acknowledgment not recognized; making false statement; rescinding acknowledgment

Repealed by 2016 Ga. Laws 404,§ 2, eff. 7/1/2016.
Added by 2008 Ga. Laws 580,§ 4, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 7 - PARENT AND CHILD RELATIONSHIP GENERALLY (§§ 19-7-1 — 19-7-54) › Article 2 - LEGITIMACY (§§ 19-7-20 — 19-7-27) › Section 19-7-23 - "Child born out of wedlock" defined

The term "child born out of wedlock" means:
(1)
A child whose parents are not married when that child is born or who do not subsequently intermarry;
(2)
A child who is the issue of adulterous intercourse of the wife during wedlock; or
(3)
A child who is not legitimate within the meaning of Code Section
19-7-20
.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 7 - PARENT AND CHILD RELATIONSHIP GENERALLY (§§ 19-7-1 — 19-7-54) › Article 2 - LEGITIMACY (§§ 19-7-20 — 19-7-27) › Section 19-7-24 - Parents' obligations to child born out of wedlock

It is the joint and several duty of each parent of a child born out of wedlock to provide for the maintenance, protection, and education of the child until the child reaches the age of 18 or becomes emancipated, except to the extent that the duty of one parent is otherwise or further defined by court order.
Amended by 2006 Ga. Laws 466,§ 5, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 7 - PARENT AND CHILD RELATIONSHIP GENERALLY (§§ 19-7-1 — 19-7-54) › Article 2 - LEGITIMACY (§§ 19-7-20 — 19-7-27) › Section 19-7-25 - In whom parental power over child born out of wedlock lies

Only the mother of a child born out of wedlock is entitled to custody of the child, unless the father legitimates the child as provided in Code Section
19-7-22
. Otherwise, the mother may exercise all parental power over the child.
Amended by 2016 Ga. Laws 404,§ 4, eff. 7/1/2016.
Amended by 2008 Ga. Laws 580,§ 5, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 7 - PARENT AND CHILD RELATIONSHIP GENERALLY (§§ 19-7-1 — 19-7-54) › Article 2 - LEGITIMACY (§§ 19-7-20 — 19-7-27) › Section 19-7-26 - Mother of child born out of wedlock not to be discriminated against in action to recover for injury or death of the child

In an action brought by the mother of a child born out of wedlock in her own right or in her capacity as guardian, executor, or administrator for damages for the child's injury or death, the mother shall not be discriminated against because of her child's having been born out of wedlock.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 7 - PARENT AND CHILD RELATIONSHIP GENERALLY (§§ 19-7-1 — 19-7-54) › Article 2 - LEGITIMACY (§§ 19-7-20 — 19-7-27) › Section 19-7-27 - Hospital program for establishment of paternity

(a)
Except in the event of a medical emergency, prior to the birth of a child to an unmarried woman in a public or private hospital, the hospital that provides labor and delivery services shall provide to the mother and alleged father:
(1)
Written materials about administratively establishing paternity;
(2)
The forms necessary to voluntarily acknowledge paternity;
(3)
A written description of the rights and responsibilities of voluntarily acknowledging paternity, the differences between paternity and legitimation, and the duty to support a child upon acknowledgment of paternity; and
(4)
The opportunity, prior to discharge from the hospital, to speak with staff, either by telephone or in person, who are trained to clarify information and answer questions about administratively establishing paternity and the availability of judicial determinations of paternity.
(b)
Providing the written materials describing rights and responsibilities shall not constitute the unlawful practice of law.
(c)
After the birth of a child to an unmarried woman in a public or private hospital, the hospital that provides labor and delivery services shall:
(1)
Provide the child's mother and alleged father if he is present at the hospital the opportunity to execute a voluntary acknowledgment of paternity if a notary public is available at such hospital;
(2)
File the signed voluntary acknowledgment of paternity with the State Office of Vital Records within 30 days of its execution, provided that such acknowledgment is signed at the hospital on or before the mother is discharged; and
(3)
Provide to the child's mother and alleged father copies of the signed voluntary acknowledgment of paternity.
Amended by 2016 Ga. Laws 404,§ 5, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 7 - PARENT AND CHILD RELATIONSHIP GENERALLY (§§ 19-7-1 — 19-7-54) › Article 3 - DETERMINATION OF PATERNITY (§§ 19-7-40 — 19-7-54) › Section 19-7-40 - Jurisdiction; administrative determination of paternity

(a)
The superior and state courts of the several counties shall have concurrent jurisdiction in all proceedings for the determination of paternity of children who are residents of this state. The state courts shall have such concurrent jurisdiction notwithstanding any contrary provision of local law. Parties to an action to establish paternity shall not be entitled to a trial by jury.
(b)
Whenever the Department of Human Services seeks to establish paternity of a child, the Office of State Administrative Hearings shall have authority to adjudicate the issue of paternity, pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act"; provided, however, that if the putative father demands a trial in the superior court, it shall be the duty of the judge to cause an issue to be made and tried at the first session of the next term of court succeeding the putative father's demand for trial. The administrative determination shall have the same force and effect as a judicial decree.
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 7 - PARENT AND CHILD RELATIONSHIP GENERALLY (§§ 19-7-1 — 19-7-54) › Article 3 - DETERMINATION OF PATERNITY (§§ 19-7-40 — 19-7-54) › Section 19-7-41 - Service outside state

In a proceeding under this article, the court, pursuant to Chapter 11 of Title 9, may order service upon a person outside the state upon a finding that there is a constitutionally permissible basis for jurisdiction over the person, including those enumerated in Article 3 of Chapter 11 of this title.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 7 - PARENT AND CHILD RELATIONSHIP GENERALLY (§§ 19-7-1 — 19-7-54) › Article 3 - DETERMINATION OF PATERNITY (§§ 19-7-40 — 19-7-54) › Section 19-7-42 - Venue

The action shall be brought in the county in which the alleged father resides, except that, if the alleged father is not a resident of this state, the action shall be brought in the county in which the child resides.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 7 - PARENT AND CHILD RELATIONSHIP GENERALLY (§§ 19-7-1 — 19-7-54) › Article 3 - DETERMINATION OF PATERNITY (§§ 19-7-40 — 19-7-54) › Section 19-7-44 - Appointment of guardian ad litem; payment of guardian; notice to natural mother

(a)
The court may, in its discretion, appoint a guardian ad litem to represent a minor child who is the subject of a paternity petition. Payment of the guardian ad litem shall be as ordered by the court. Neither the child's mother nor the alleged or presumed father may represent the child as guardian ad litem.
(b)
The natural mother shall be made a party or, if not subject to the jurisdiction of the court, shall be given notice in a manner prescribed by the court and an opportunity to be heard.