O.C.G.A.

O.C.G.A. § 19-11-45 (2019)

Remedies cumulative

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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The remedies provided in this article are in addition to and not in substitution of any other remedies.

History

Ga. L. 1958, p. 34, § 3.

Annotations

JUDICIAL DECISIONS Purpose of article. - Uniform Reciprocal Enforcement of Support Act (URESA), O.C.G.A. § 19-11-40 et seq., was designed to facilitate collection of support from parents residing in distant states without compelling the custodial parent to incur excessive transportation and litigation expenses. Department of Human Resources v. Westmoreland, 210 Ga. App. 603, 436 S.E.2d 706, 1993 Ga. App. LEXIS 1281 (1993), cert. denied, No. S94C0209, 1994 Ga. LEXIS 157 (Ga. Jan. 21, 1994). Remedies not exclusive. - Proce-

dures set forth in the Uniform Reciprocal Enforcement of Support Act, O.C.G.A. § 19-11-40 et seq., and the Uniform Interstate Family Support Act, O.C.G.A. § 1911-100 et seq., for registering and enforcing foreign support judgments are in addition to and not exclusive of the procedures in the Uniform Enforcement of Foreign Judgments Law, O.C.G.A. § 9-12-130 et seq., to file and domesticate judgments for enforcement; therefore, a trial court had jurisdiction to consider a mother’s petition seeking interest due on child support owing on a Tennessee divorce decree.

Dial v. Adkins, 265 Ga. App. 650, 595 S.E.2d 332, 2004 Ga. App. LEXIS 212 (2004). Concurrent remedies. - Various remedies for enforcement and collection of a child support order, including contempt, execution by writ of fieri facias, and garnishment, may generally be pursued either singly or concurrently. Department of Human Resources v. Chambers, 211 Ga. App. 763, 441 S.E.2d 77, 1994 Ga. App. LEXIS 64 (1994), overruled in part, Jones v. Peach Trader Inc., 302 Ga. 504, 807 S.E.2d 840, 2017 Ga. LEXIS 944 (2017). Effect on orders previously issued in divorce of separate maintenance action. - Any order of support issued by a court of this state, entered in an action filed under the Uniform Reciprocal Enforcement of Support Act, O.C.G.A. § 1911-40 et seq., shall not supersede any previous order of support issued in divorce or separate maintenance action, and the latter order will not constitute a modification of the former order; thus, amounts for a particular period paid pursuant to either order shall be credited against amounts accruing or accrued for the same period under both. Ray v. Ray, 247 Ga.

467, 277 S.E.2d 495, 1981 Ga. LEXIS 754 (1981); Bisno v. Biloon, 161 Ga. App. 351, 291 S.E.2d 66, 1982 Ga. App. LEXIS 1875 (1982). Payment of arrearages wrongly postponed. - Court erred by ordering postponement of payment on the child support arrearage until a child reached the age of 18. Department of Human Resources v. Chambers, 211 Ga. App. 763, 441 S.E.2d 77, 1994 Ga. App. LEXIS 64 (1994), overruled in part, Jones v. Peach Trader Inc., 302 Ga. 504, 807 S.E.2d 840, 2017 Ga. LEXIS 944 (2017). Contempt order upon divorce decree not bar to URESA action. - When the mother had previously obtained a contempt order which required the father to comply with the original divorce decree, the trial court erroneously denied a petition for an order of support under the Uniform Reciprocal Enforcement of Support Act, O.C.G.A. § 19-11-40 et seq., because a complaining spouse is not required to make an election of remedies but may pursue any number of remedies until the judgment is satisfied. State v. Overstreet, 170 Ga. App. 635, 318 S.E.2d 65, 1984 Ga. App. LEXIS 1966 (1984).

RESEARCH REFERENCES Am. Jur. 2d. 23 Am. Jur. 2d, Desertion and Nonsupport, §§ 175, 203. C.J.S. 41 C.J.S., Husband and Wife, §§ 214, 215, 219, 220. 67A C.J.S., Parent and Child, § 73.

U.L.A. Uniform Reciprocal Enforcement of Support Act (1958 Act) (U.L.A.) § 3. ALR. Liability of parent for dental services to minor child, 7 A.L.R. 1070.

Notes of Decisions

Cited in 7 cases, 1984–2004 · leading case: Dial v. Adkins, 595 S.E.2d 332 (Ga. Ct. App. 2004).

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Dial v. Adkins, 595 S.E.2d 332 (Ga. Ct. App. 2004). · cites it 2× “However, the procedures set forth in the URESA and the UIFSA for registering and enforcing foreign support judgments are in addition to and not exclusive of the procedures used by Adkins in OCGA § 9-12-130 et seq.”

Brookins v. Brookins, 357 S.E.2d 77 (Ga. 1987). · cites it 2× “” OCGA § 19-11-45. “A judgment requiring the payment of alimony or child support, temporary or permanent, including attorney’s fees, may be enforced against the obligee [sic; obligor?] by writ of execution (or fi.”

State of Ga. v. McKenna, 315 S.E.2d 885 (Ga. 1984). · cites it 2× “We also noted that payments under URESA would be credited to payments due under the original order.”

State v. Overstreet, 318 S.E.2d 65 (Ga. Ct. App. 1984). · cites it 2× “To further the enforcement of that duty, OCGA § 19-11-45 states that the remedies provided in URESA are “in addition to and not in substitution of any other remedies.”

State v. Chase, 395 S.E.2d 284 (Ga. Ct. App. 1990). · cites it 2× “’ OCGA § 19-11-45.” (Emphasis supplied.) State of Ga.”

Dep't of Human Resources v. Westmoreland, 436 S.E.2d 706 (Ga. Ct. App. 1993). · cites it 2× “This is a case of first impression for this court. Held: The purposes of the URESA “are to improve and extend by reciprocal legislation the enforcement of duties of support and to make uniform the law with respect thereto.”

Dep't of Human Resources v. McCormick, 431 S.E.2d 740 (Ga. Ct. App. 1993). · cites it 2× “OCGA § 19-11-45. While the department may have pursued this action under URESA and possibly had to confront the paternity issue as a defense, it chose to establish paternity in the state in which the child was conceived.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.