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2018 Georgia Code 19-11-172 | Car Wreck Lawyer

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

19-11-172. Jurisdiction; application of article.

  1. If all of the parties who are individuals reside in Georgia and the child does not reside in the issuing state, a tribunal in Georgia has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order.
  2. A tribunal in Georgia exercising jurisdiction as provided in this Code section shall apply the provisions of Parts 1 and 2 of this article and the procedural and substantive law of Georgia to the proceeding for enforcement or modification. Parts 3, 4, 5, 7, and 8 of this article do not apply.

(Code 1981, §19-11-172, enacted by Ga. L. 1997, p. 1613, § 33; Ga. L. 2013, p. 705, § 1/SB 193.)

JUDICIAL DECISIONS

Lack of jurisdiction over military personnel.

- Father did not reside in Georgia for purposes of recording and modifying an Alabama child support order under O.C.G.A. § 19-11-172(a) of the Uniform Interstate Family Support Act, O.C.G.A. § 19-11-100 et seq., because while the father had been stationed in Georgia in the Army, the father was registered to vote in Alabama, had a driver's license there, and lived in Alabama with his wife, two sons, and his father; thus, the father was domiciled in Alabama for the purposes of O.C.G.A. § 19-2-1. Kean v. Marshall, 294 Ga. App. 459, 669 S.E.2d 463 (2008).

Cases Citing O.C.G.A. § 19-11-172

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Ross v. Ross, 302 Ga. 39 (Ga. 2017).

Cited 3 times | Published | Supreme Court of Georgia | Sep 13, 2017 | 805 S.E.2d 7

...e ground that the Georgia trial court lacked subject matter jurisdiction to modify the Connecticut child support order under the Uniform Interstate Family Support Act (UIFSA), OCGA § 19-11-100 et seq., in particular because the requirements of OCGA § 19-11-172 (a)2 had not been met....
...19-11-100 et seq., prohibits Georgia from modifying another state’s child support order unless specific requirements are met divesting the foreign state of its continuing, exclusive jurisdiction. See OCGA §§ 19-11-168, 19-11-169, 19-11-170, and 19-11-172....
...tial change [in Husband’s] income and financial circumstances such as to warrant a modification/increase of Husband’s child support obligations.” There is no allegation that Husband is in default of any of his child support obligations. OCGA § 19-11-172 (a) provides: “If all of the parties who are individuals reside in Georgia and the child does not reside in the issuing state, a tribunal in Georgia has jurisdiction to enforce and to modify the issuing state’s child support order in...
...reof. (Footnotes omitted.) Morgan, supra, 24 J. Am. Acad. Matrim. Law. at 220-221. See OCGA § 19-11-170 (a) (1). See also 28 USC § 1738B (e) (2) (A). See OCGA § 19-11-170 (a) (2). See also 28 USC § 1738B (d); OCGA § 19-6-26 (d). See OCGA § 19-11-172 (a). We note, however, that a Georgia tribunal generally has authority to enforce a foreign child support order as a matter of comity....