O.C.G.A.

O.C.G.A. § 19-11-50 (2019)

Remedies of state or political subdivision furnishing support; court orders for present or future support not to be jeopardized

✓ 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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(a) Except as otherwise specified in subsection (b) of this Code section, whenever the state or a political subdivision thereof furnishes support to an obligee, it has the same right as the obligee to whom the support was furnished to invoke this article for the purpose of securing reimbursement of expenditures so made and of obtaining continuing support.

(b) Subsection (a) of this Code section shall not be invoked unless the court having jurisdiction of the matter is satisfied that efforts on the part of the state or political subdivision to secure reimbursements for previous support shall not jeopardize the enforcement of the court’s orders for present or future support of the dependent or dependents involved. The court shall have the right at any time to enter appropriate orders to carry out this subsection.

History

Ga. L. 1958, p. 34, § 7.

Annotations

JUDICIAL DECISIONS To receive support payments custodian must have lawful custody. - If statute requires furnishing of support for dependent children to person having custody of those children, the statute reasonably is restricted to that person having lawful custody by virtue of a court order or

with the consent of the obligor parent. To hold otherwise would be to reward a physical custodian who is acting in actual defiance of and contrary to an order of the court of the responding state. Hethcox v. Hethcox, 146 Ga. App. 430, 246 S.E.2d 444, 1978 Ga. App. LEXIS 2392 (1978).

RESEARCH REFERENCES Am. Jur. 2d. 41 Am. Jur. 2d, Illegitimate Children,

§ 36. 23 Am. Jur. 2d, Desertion and Nonsupport, § 75.

C.J.S. 67A C.J.S., Parent and Child, §§ 175, 203. U.L.A. Uniform Reciprocal Enforcement of Support Act (1958 Act) (U.L.A.) § 8.

ALR. Right of state or its political subdivision to maintain action in another state for support and maintenance of defendant’s child, parent, or dependent in plaintiff’s institution, 67 A.L.R.2d 771.

Notes of Decisions

Cited in 1 case, 1996–1996 · leading case: Dep't of Human Resources v. Pruitt, 476 S.E.2d 764 (Ga. Ct. App. 1996).

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Dep't of Human Resources v. Pruitt, 476 S.E.2d 764 (Ga. Ct. App. 1996). · cites it 2× “OCGA §§ 19-11-50 through 19-11-54; 19-11-60.”

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.