Ordering putative father to support illegitimate children.

- It is not contrary to public policy for a putative father to be ordered to support his illegitimate children, and provision is specifically made for compelling him to do so. Wilson v. Chumney, 96 Ga. App. 258, 99 S.E.2d 736 (1957).

Determining duty of support does not require formal paternity adjudication.

- While a formal adjudication of paternity "may be considered" in determining the existence of a duty of support, the trial court is expressly not limited to this criterion. Evans v. State, 178 Ga. App. 1, 341 S.E.2d 865 (1986).

Although, under O.C.G.A. § 19-11-43, a formal adjudication of paternity is not required for prosecution of support claims under the Uniform Reciprocal Enforcement of Support Act (URESA), O.C.G.A. § 19-11-40 et seq., an adjudication may be considered by a court in determining whether support obligations exist. Department of Human Resources v. McCormick, 208 Ga. App. 751, 431 S.E.2d 740 (1993).

Effect of URESA action support award on prior decree.

- Under the Uniform Reciprocal Enforcement of Support Act, O.C.G.A. § 19-11-40 et seq., the court having jurisdiction in the responding state makes an independent determination of a "fair and reasonable sum" irrespective of whether there is a prior decree; and if a different amount is ordered paid, the other judgment is not modified but sums paid under either are credited to the other. State ex rel. McKenna v. McKenna, 253 Ga. 6, 315 S.E.2d 885 (1984); Baird v. Herrmann, 181 Ga. App. 579, 353 S.E.2d 75 (1987).

Out-of-state resident's URESA remedy in Georgia.

- Initiating proceedings in one state to modify an original decree does not preclude initiating proceedings in Georgia under the Uniform Reciprocal Enforcement of Support Act, O.C.G.A. § 19-11-40 et seq., and pursuing that remedy to satisfaction. State v. Chase, 195 Ga. App. 806, 395 S.E.2d 284 (1990).

Neither the existence of a foreign child support judgment nor the terms thereof have any bearing whatsoever on an obligee's right to initiate and pursue an Uniform Reciprocal Enforcement of Support Act, O.C.G.A. § 19-11-40 et seq., action to enforce an obligor's duty to provide child support. State v. Chase, 195 Ga. App. 806, 395 S.E.2d 284 (1990).

Petition under the Uniform Reciprocal Enforcement of Support Act, O.C.G.A. § 19-11-40 et seq., by the Department of Human Resources, on behalf of an Ohio resident, to collect child support and arrearages from a Georgia resident was erroneously dismissed on the grounds that the Ohio court lacked jurisdiction over the Georgia resident when the court entered the original support order; the Georgia court was required to make its own determination, applying Georgia law, as to the Georgia resident's duty of support and the amount to be paid. Department of Human Resources v. Pruitt, 223 Ga. App. 126, 476 S.E.2d 764 (1996).

Arrearages may be collected after child obtains majority.

- Contempt action to collect arrearages which accrued while a child was under 18 may be filed even though the child on whose behalf the action is brought is legally an adult at the time of the action. Johnson v. State, 167 Ga. App. 508, 306 S.E.2d 756 (1983).

Cited in Henry v. Henry, 115 Ga. App. 211, 154 S.E.2d 298 (1967); Crane v. Crane, 225 Ga. 605, 170 S.E.2d 392 (1969); Dill v. Dill, 232 Ga. 231, 206 S.E.2d 6 (1974); Weaver v. Chester, 195 Ga. App. 471, 393 S.E.2d 715 (1990).

Reciprocal features of article do not extend to foreign countries.

- Uniform Reciprocal Enforcement of Support Act (see now O.C.G.A. § 19-11-40 et seq.) 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.

Parents severally liable for support until child's eighteenth birthday.

- Parents of a child are severally liable for the child's support until the child attains 18 years of age. 1962 Op. Att'y Gen. p. 346.

Duty to support illegitimate children requires paternity finding.

- Duty of support does not extend to illegitimate child absent adjudication of paternity. 1970 Op. Att'y Gen. No. U70-73.

Am. Jur. 2d.

- 41 Am. Jur. 2d, Illegitimate Children, §§ 40, 41, 87 et seq. 23 Am. Jur. 2d, Desertion and Nonsupport, § 74. 59 Am. Jur. 2d, Parent and Child, § 46.

C.J.S.

- 14 C.J.S., Children Out-of-Wedlock, § 39 et seq. 41 C.J.S., Husband and Wife, §§ 16, 66 et seq., 214, 215, 219, 220. 67A C.J.S., Parent and Child, §§ 162 et seq., 175, 203.

U.L.A.

- Uniform Reciprocal Enforcement of Support Act (1958 Act) (U.L.A.) § 2.

ALR.

- Extraterritorial effect of provision in decree of divorce for support of child, 90 A.L.R. 939.

Construction and application of state statutes providing for reciprocal enforcement of duty to support dependents, 42 A.L.R.2d 768.

Validity, construction, and application of statute imposing upon stepparent obligation to support child, 75 A.L.R.3d 1129.

Father's liability for support of child furnished after divorce decree which awarded custody to mother but made no provision for support, 91 A.L.R.3d 530.

Parent's obligation to support unmarried minor child who refuses to live with parent, 98 A.L.R.3d 334.