ARTICLE 2 UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT

19-11-41. Purposes of article.

The purposes of this article are to improve and extend by reciprocal legislation the enforcement of duties of support and to make uniform the law with respect thereto.

(Ga. L. 1958, p. 34, § 1.)

JUDICIAL DECISIONS

Purpose of O.C.G.A.

§ 19-11-40 et seq. - Purpose of O.C.G.A. Art. 2, Ch. 11, T. 19 is to improve enforcement of duty of support, not to impair that duty. Ray v. Ray, 247 Ga. 467, 277 S.E.2d 495 (1981); Bisno v. Biloon, 161 Ga. App. 351, 291 S.E.2d 66 (1982), overruled on other grounds, State ex rel. McKenna v. McKenna, 253 Ga. 6, 315 S.E.2d 885 (1984).

Intent of the General Assembly in enacting the Uniform Reciprocal Enforcement of Support Act, O.C.G.A. § 19-11-40 et seq., was not that resident obligors on prior judicial awards of child support be denied the right to a jury trial on the issue of change of condition by being "prosecuted" in a quasi-criminal hearing at which a law enforcement official of this state represents the obligee. Bisno v. Biloon, 161 Ga. App. 351, 291 S.E.2d 66 (1982), overruled on other grounds, State ex rel. McKenna v. McKenna, 253 Ga. 6, 315 S.E.2d 885 (1984).

Article has intrastate as well as interstate use.

- While O.C.G.A. § 19-11-40 et seq. has been thought of as being primarily for use interstate, it has intrastate application as well. Ray v. Ray, 247 Ga. 467, 277 S.E.2d 495 (1981).

Intrastate support obligor cannot obtain modification by action.

- If an intrastate support obligor wants modification of child support provisions of divorce and alimony decree, the obligor can bring a suit for modification, but the obligor is not entitled to precipitate an action under O.C.G.A. § 19-11-40 et seq. in order to obtain modification. Ray v. Ray, 247 Ga. 467, 277 S.E.2d 495 (1981); Bisno v. Biloon, 161 Ga. App. 351, 291 S.E.2d 66 (1982), overruled on other grounds, State ex rel. McKenna v. McKenna, 253 Ga. 6, 315 S.E.2d 885 (1984).

Cited in Balasco v. County of San Diego, 140 Ga. App. 482, 231 S.E.2d 485 (1976); Hethcox v. Hethcox, 146 Ga. App. 430, 246 S.E.2d 444 (1978); Earley v. Earley, 165 Ga. App. 483, 300 S.E.2d 814 (1983); Evans v. State, 178 Ga. App. 1, 341 S.E.2d 865 (1986).

OPINIONS OF THE ATTORNEY GENERAL

Reciprocal features of Act not extended to foreign countries.

- Uniform Reciprocal Enforcement of Support Act is effective between Georgia and all other states and territories of the United States where a similar act has been enacted but reciprocal features are not extended to foreign countries. 1962 Op. Att'y Gen. p. 348.

RESEARCH REFERENCES

Am. Jur. 2d.

- 23 Am. Jur. 2d, Desertion and Nonsupport, § 72 et seq.

C.J.S.

- 41 C.J.S., Husband and Wife, §§ 16, 66 et seq., 214, 215, 219, 220. 67A C.J.S., Parent and Child, §§ 175, 203.

U.L.A.

- Uniform Reciprocal Enforcement of Support Act (1958 Act) (U.L.A.) § 1.

Cases Citing O.C.G.A. § 19-11-41

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Brookins v. Brookins, 357 S.E.2d 77 (Ga. 1987).

Cited 27 times | Published | Supreme Court of Georgia | Jun 24, 1987 | 257 Ga. 205

...However, a mechanical application of the res judicata rule in this situation would frustrate the purposes of the URESA, i.e., "to improve and extend by reciprocal legislation the enforcement of duties of support and to make uniform the law with respect thereto." OCGA § 19-11-41....

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State of Ga. v. McKenna, 315 S.E.2d 885 (Ga. 1984).

Cited 15 times | Published | Supreme Court of Georgia | May 22, 1984 | 253 Ga. 6

...While we are not bound by the decisions of these other states, they are particularly persuasive because we are interpreting a reciprocal uniform law. "The purposes of this article are to improve and extend by reciprocal legislation the enforcement of duties of support and to make uniform the law with respect thereto." OCGA § 19-11-41....

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TITLE 19 DOMESTIC RELATIONS

Section 11. Enforcement of Duty of Support, 19-11-1 through 19-11-191.