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2018 Georgia Code 19-11-45 | 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

19-11-45. Remedies cumulative.

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

(Ga. L. 1958, p. 34, § 3.)

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).

Remedies not exclusive.

- Procedures 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. § 19-11-100 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).

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).

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. § 19-11-40 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); Bisno v. Biloon, 161 Ga. App. 351, 291 S.E.2d 66 (1982), overruled on other grounds, State ex rel. McKenna v. McKenna, 253 Ga. 6, 315 S.E.2d 885 (1984).

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).

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).

Cited in Zimmerman v. Zimmerman, 131 Ga. App. 567, 206 S.E.2d 583 (1974); State ex rel. McKenna v. McKenna, 253 Ga. 6, 315 S.E.2d 885 (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.

Cases Citing Georgia Code 19-11-45 From Courtlistener.com

Total Results: 2

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: in substitution of any other remedies." OCGA § 19-11-45. "A judgment requiring the payment of alimony

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: in substitution of any other remedies." OCGA § 19-11-45. Our holding in Ray is in line with the position