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2018 Georgia Code 19-11-40 | Car Wreck Lawyer

TITLE 19 DOMESTIC RELATIONS

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

ARTICLE 2 UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT

19-11-40. Short title.

This article may be cited as the "Uniform Reciprocal Enforcement of Support Act."

(Ga. L. 1958, p. 34, § 34.)

Editor's notes.

- Ga. L. 1958, p. 34, §§ 29 and 30, not codified by the General Assembly, provide that judgments, decrees, or orders issued under the authority of laws utilized prior to initial passage in 1958 of this article shall continue in validity.

JUDICIAL DECISIONS

Ga. L. 1958, p. 34 (see now O.C.G.A. § 19-11-40 et seq.) does not apply merely in cases of actual nonsupport. Zimmerman v. Zimmerman, 131 Ga. App. 567, 206 S.E.2d 583 (1974).

Counterclaim for modification not permitted in contempt proceeding.

- Counterclaim for modification of a Uniform Reciprocal Enforcement of Support Act, O.C.G.A. § 19-11-40 et seq., support order may not be asserted by the defendant in a URESA contempt proceeding. The only issue for determination in a URESA contempt proceeding is the enforcement of the support obligation previously established by the URESA order. State v. Garrish, 197 Ga. App. 816, 399 S.E.2d 572 (1990).

Spousal consent precluded arrears recovery.

- When wife consented to allowing the minor child of the parties to live with the husband in Germany for a three-year period and did not provide any support for the child during that three year period; the husband provided all of the support for the child during that period and not until three years after the child had returned from Germany did the wife seek to recover any child support for the time the child spent in Germany, the wife could be said to have consented to the husband's voluntary expenditures as an alternative to his child support obligation and, as a result, the trial court erred in concluding that the husband was in arrears in the payment of child support for the three-year period at issue. Brown v. Georgia Dep't of Human Resources ex rel. Brown, 263 Ga. 53, 428 S.E.2d 81 (1993).

Cited in Jones v. Helms, 452 U.S. 412, 101 S. Ct. 2434, 69 L. Ed. 2d 118 (1981); Francis v. Pittman, 162 Ga. App. 40, 290 S.E.2d 288 (1982).

RESEARCH REFERENCES

Am. Jur. 2d.

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

C.J.S.

- 41 C.J.S., Husband and Wife, § 214 et seq., 67A C.J.S, Parent and Child, § 73. 82 C.J.S., Statutes, § 486 et seq.

U.L.A.

- Uniform Reciprocal Enforcement of Support Act (1958 Act) (U.L.A.) § 42.

Cases Citing Georgia Code 19-11-40 From Courtlistener.com

Total Results: 6

Parker v. Parker

Court: Supreme Court of Georgia | Date Filed: 2013-07-01

Citation: 293 Ga. 300, 745 S.E.2d 605, 2013 Fulton County D. Rep. 2037, 2013 WL 3287143, 2013 Ga. LEXIS 596

Snippet: (Georgia Code Title 19, Ch. 11, Art. 3). See OCGA§ 19-11-40.1. Neither does the worksheet for the older

Riersgard v. Morton

Court: Supreme Court of Georgia | Date Filed: 1997-01-21

Citation: 267 Ga. 451, 479 S.E.2d 748, 97 Fulton County D. Rep. 204, 1997 Ga. LEXIS 18, 1997 WL 20154

Snippet: Reciprocal Enforcement of Support Act (URESA), OCGA § 19-11-40 et seq., in Nevada, which was later transferred

Brown v. Georgia Department of Human Resources

Court: Supreme Court of Georgia | Date Filed: 1993-04-12

Citation: 428 S.E.2d 81, 263 Ga. 53, 93 Fulton County D. Rep. 1599, 1993 Ga. LEXIS 355

Snippet: Reciprocal Enforcement of Support Act (URESA), OCGA § 19-11-40 et seq., filed a petition for support on behalf

Brookins v. Brookins

Court: Supreme Court of Georgia | Date Filed: 1987-06-24

Citation: 357 S.E.2d 77, 257 Ga. 205, 1987 Ga. LEXIS 790

Snippet: Reciprocal Enforcement of Support Act (URESA), OCGA § 19-11-40 et seq., she alleged that the defendant was under

Prince v. Mitchell

Court: Supreme Court of Georgia | Date Filed: 1987-04-09

Citation: 257 Ga. 30, 354 S.E.2d 422

Snippet: Reciprocal Enforcement of Support Act, OCGA § 19-11-40 et seq., which specifically provides for interstate

State of Ga. v. McKenna

Court: Supreme Court of Georgia | Date Filed: 1984-05-22

Citation: 315 S.E.2d 885, 253 Ga. 6

Snippet: Reciprocal Enforcement of Support Act (URESA), OCGA § 19-11-40 et seq., in an interstate proceeding. We granted