2025 Code of Georgia
Title 19 - Domestic Relations (Chs. 1 — 15)
Chapter 11 - Enforcement of Duty of Support (Arts. 1 — 3)
Article 2 - Uniform Reciprocal Enforcement of Support Act (§§ 19-11-40 — 19-11-82)

Annotations

Notes

Editor’s notes.

See O. C. G. A. § 19-11-40.1 for applicability of this article.

JUDICIAL DECISIONS

Constitutionality. —

Ga. L. 1958, p. 34 (see now O. C. G. A. Art. 2, Ch. 11, T. 19) does not deny due process of law in violation of federal and state Constitutions. Dansby v. Dansby, 222 Ga. 118, 149 S. E.2d 252, 1966 Ga. LEXIS 412 (1966).

Support award in URESA action may vary from prior decree. —

Since the Uniform Reciprocal Enforcement of Support Act, O. C. G. A. § 19-11-40 et seq., is an independent proceeding which does not affect, and is not bound by, prior foreign judgments, a responding court may enter a support order that is greater than, as well as less than, a prior judgment. State ex rel. McKenna v. McKenna, 253 Ga. 6, 315 S. E.2d 885, 1984 Ga. LEXIS 781 (1984).

Opinion Notes

OPINIONS OF THE ATTORNEY GENERAL Treaty not prerequisite to recognizing foreign country as reciprocating state. —

Treaty between United States and a foreign country permitting reciprocal enforcement of child support obligations is not a prerequisite to recognizing that country as a reciprocating state under O. C. G. A. Art. 2, Ch. 11, T. 19. 1981 Op. Att'y Gen. No. 81-12.

Reciprocal child support enforcement acts not violative of U.S. Constitution treaty provisions. —

So long as a reciprocal child support enforcement statute does not require more than a routine review of foreign laws, does not directly affect United States foreign policy, and does not have the potential for disruption of foreign policy or embarrassment to the United States government, the statute does not violate treaty provisions of the United States Constitution (U. S. Const., Art. I, Sec. X, Cl. I and U. S. Const., Art. II, Sec. II, Cl. II). 1981 Op. Att'y Gen. No. 81-12.

Superior court may not transfer proceeding to juvenile court. —

Superior court may not transfer a Uniform Reciprocal Enforcement of Support Act, O. C. G. A. § 19-11-40 et seq., proceeding to the juvenile court under O. C. G. A. § 15-11-6(b). 1989 Op. Att’y Gen. No. U89-7.

Research References & Practice Aids

Law reviews.

For article, “Georgia Inheritance Rights of Children Born Out of Wedlock,” see 23 Ga. St. B. J. 28 (1986).

For article, “Georgia’s Constitutional Scheme for State Appellate Jurisdiction,” see 6 Ga. St. B. J. 24 (2001).

Hierarchy Notes:

O. C. G. A. Title 19

O. C. G. A. Title 19, Ch. 11