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2018 Georgia Code 19-6-35 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 19-6-35 Case Law from Google Scholar Amendments to OCGA 19-6-35

TITLE 19 DOMESTIC RELATIONS

Section 6. Alimony and Child Support, 19-6-1 through 19-6-53.

ARTICLE 1 GENERAL PROVISIONS

19-6-35. Child support obligee regarded as creditor for attacking certain judgments and transactions.

  1. 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.
  2. 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.

(Code 1981, §19-6-35, enacted by Ga. L. 1997, p. 1613, § 13.)

Law reviews.

- For article on the 1997 enactment of this Code section, see 14 Ga. St. U.L. Rev. 121 (1997).

JUDICIAL DECISIONS

Standing to enforce arrearage judgment.

- Habeas court erred by denying a mother's motion for a new trial following an order discharging the payment of restitution and child support arrearage to her by the purported biological father of her minor child because the judgment discharging the payment of the pre-existing arrearage was a judgment against her, making her a party to the action and directly aggrieved to have standing to challenge the judgment. Bennett v. Etheridge, 302 Ga. 33, 805 S.E.2d 38 (2017).

Cited in Cavin v. Brown, 246 Ga. App. 40, 538 S.E.2d 802 (2000).

Cases Citing O.C.G.A. § 19-6-35

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Pate v. Pate, 631 S.E.2d 103 (Ga. 2006).

Cited 19 times | Published | Supreme Court of Georgia | May 17, 2006 | 280 Ga. 796, 2006 Fulton County D. Rep. 1541

...uation. We note that Georgia law makes it possible for the income assigned to the professional corporation to be called upon to satisfy the child support deficiency without departing from this Court's precedent. In 1997, the Legislature enacted OCGA § 19-6-35 to comply with federal requirements that states adopt measures enabling child support recipients to void those transactions whereby child support obligors circumvent their child support obligations....
...Specifically, the law regards a child support obligee as a creditor under Georgia law, "for the purposes of attacking as fraudulent a judgment, conveyance, transaction, or other arrangement interfering with the creditor's rights, either in law or equity." OCGA § 19-6-35(b)....
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Bennett v. Etheridge, 302 Ga. 33 (Ga. 2017).

Cited 1 times | Published | Supreme Court of Georgia | Sep 13, 2017 | 805 S.E.2d 38

...348, 352 (1) (a) (745 SE2d 299) (2013) (attorney for party has standing to appeal order where “directly aggrieved” by judgment); cf. Baars v. Freeman, 288 Ga. 835, 839 (2) (a) (708 SE2d 273) (2011) (obligee under judgment requiring payment of child support may pursue all available remedies for enforcing judgment); OCGA § 19-6-35 (“[cjhild support obli-gee” means person to whom payment of a child support obligation is *35owed and includes a custodial parent; “child support obligee shall be regarded as a creditor, and a child support obligor shall be regarded as a debtor ....