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2018 Georgia Code 19-11-50 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 19-11-50 Case Law from Google Scholar Amendments to OCGA 19-11-50

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

19-11-50. Remedies of state or political subdivision furnishing support; court orders for present or future support not to be jeopardized.

  1. 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.
  2. 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.

(Ga. L. 1958, p. 34, § 7.)

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).

Cited in Balasco v. County of San Diego, 140 Ga. App. 482, 231 S.E.2d 485 (1976).

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.

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