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2018 Georgia Code 19-11-114 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 19-11-114 Case Law from Google Scholar Amendments to OCGA 19-11-114

TITLE 19 DOMESTIC RELATIONS

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

ARTICLE 3 UNIFORM INTERSTATE FAMILY SUPPORT ACT

19-11-114. Continuing, exclusive jurisdiction to modify support order.

  1. A tribunal in Georgia that has issued a child support order consistent with the law of Georgia has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and:
    1. At the time of the filing of a request for modification Georgia is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or
    2. Even if Georgia is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of Georgia may continue to exercise jurisdiction to modify its order.
  2. A tribunal in Georgia that has issued a child support order consistent with the law of Georgia may not exercise continuing, exclusive jurisdiction to modify the order if:
    1. All of the parties who are individuals file consent in a record with the tribunal of Georgia that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or
    2. Its order is not the controlling order.
  3. If a tribunal of another state has issued a child support order pursuant to this article or a law substantially similar to this article which modifies a child support order of a tribunal of Georgia, tribunals of Georgia shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.
  4. A tribunal of Georgia that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.
  5. A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.

(Code 1981, §19-11-114, enacted by Ga. L. 1997, p. 1613, § 33; Ga. L. 2013, p. 705, § 1/SB 193.)

JUDICIAL DECISIONS

Jurisdiction over child support arrearages.

- Georgia Uniform Interstate Family Support Act, O.C.G.A. § 19-11-100 et seq., did not deprive a trial court of jurisdiction over the issue of child support arrearages based upon a prior-filed United Kingdom enforcement proceeding. Continuing, exclusive jurisdiction over the child support provisions of the decree existed in the trial court because the trial court issued the decree, the mother and the child resided in Georgia, and no evidence existed that the parents had filed written consents to allow the tribunal of another state to assume continuing, exclusive jurisdiction. Baars v. Freeman, 288 Ga. 835, 708 S.E.2d 273 (2011).

Cases Citing Georgia Code 19-11-114 From Courtlistener.com

Total Results: 1

BAARS v. Freeman

Court: Supreme Court of Georgia | Date Filed: 2011-03-18

Citation: 708 S.E.2d 273, 288 Ga. 835, 2011 Fulton County D. Rep. 746, 2011 Ga. LEXIS 246

Snippet: assume continuing, exclusive jurisdiction. OCGA § 19-11-114(a). Continuing, exclusive jurisdiction over the