19-6-17
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19-6-17.
(a)
Whenever the custody of a minor child or children has been lawfully awarded by
any court having jurisdiction thereof to:
(1)
Any person other than a parent of the children at any time subsequent to the
rendition of a final divorce decree between the father and mother of the
children; or
(2)
A parent as part of the final divorce decree where 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 the
child or children and the court´s decree contains no specific provisions
binding the parent without custody for the support of the child or children,
the
parent or other person to whom the custody of the child or children is awarded
may apply by petition to the superior court in the county where the parent
without custody of the child or children 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 the child or children.
(b)
The procedure provided for in this Code section shall be available in cases in
which the parent with custody of the children 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; it 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 permanent alimony for
the support of children 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 the child or children and until they
become 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.