O.C.G.A. § 19-11-51 (2019)
Duties enforceable by petition; jurisdiction; venue
All duties of support, including the duty to pay arrearages or reimbursement, are enforceable by petition irrespective of relationship between the obligor and obligee. Jurisdiction of all proceedings hereunder shall be vested in the superior courts of the various counties of this state. The petition must be commenced in the county of residence of the obligee.
History
Ga. L. 1958, p. 34, § 8; Ga. L. 1979, p. 941, § 1.
Annotations
JUDICIAL DECISIONS Right to jury trial. - Uniform Reciprocal Enforcement of Support Act, Ga. L. 1951, p. 726, does not expressly provide right of trial by jury as to support by parent of minor children in custody of other parent in another state. Strange v. Strange, 222 Ga. 44, 148 S.E.2d 494, 1966 Ga. LEXIS 393 (1966). Uniform Reciprocal Enforcement of Support Act (see now O.C.G.A. § 19-11-40 et seq.) is not unconstitutional for failure to provide jury trial for parent sued by former spouse for future support of minor children in her custody. Strange v. Strange, 222 Ga. 44, 148 S.E.2d 494, 1966 Ga. LEXIS 393 (1966). Petition under article is not divorce or alimony case. - Petition for support of minor children brought under the Uniform Reciprocal Enforcement of Support Act (see now O.C.G.A. § 19-11-40 et seq.) is not a divorce or alimony case within the meaning of Ga. Const. 1976, Art. VI, Sec. II, Para. IV (see now Ga. Const. 1983, Art. VI, Sec. VI, Para. II, III, V; Ga. Const. 1983, Art. VI, Sec. 1, Para. VIII; Ga. Const. 1983, Art. VI, Sec. V, Para. V) which provides that the Supreme Court “shall be a court alone for the trial and correction of errors of law . . . in all divorce and alimony cases.” O’Quinn v. O’Quinn, 217 Ga. 431, 122 S.E.2d 925,
1961 Ga. LEXIS 480 (1961), transferred, 105 Ga. App. 241, 124 S.E.2d 310, 1962 Ga. App. LEXIS 898 (1962). Lawful custodian need not pay support to mother wrongfully taking children. - There is no duty on a father to make payments to a mother for support of minor children when the father has obtained a prior order of custody, and the mother, contrary to such order, has removed the children out of the court’s jurisdiction. Hethcox v. Hethcox, 146 Ga. App. 430, 246 S.E.2d 444, 1978 Ga. App. LEXIS 2392 (1978). Arrearages only recoverable after amendment by Ga. L. 1979, p. 941, §§ 1, 2. - Arrearages were not specifically recoverable under the Georgia Uniform Reciprocal Enforcement of Support Act (see now O.C.G.A. § 19-11-40 et seq.) until O.C.G.A. §§ 19-11-51 and 19-11-63 were amended by Ga. L. 1979, p. 941, §§ 1, 2. State ex rel. Brookins v. Brookins, 257 Ga. 205, 357 S.E.2d 77, 1987 Ga. LEXIS 790 (1987). Effect of order under URESA in subsequent arrearage action. - An order rendered by a responding court in a Uniform Reciprocal Enforcement of Support Act, O.C.G.A. § 19-11-40 et seq., proceeding is not res judicata in a subsequent action for arrearage under the original
support order, subject to a setoff of any such arrearages already paid to prevent a double recovery. State ex rel. Brookins v. Brookins, 257 Ga. 205, 357 S.E.2d 77, 1987 Ga. LEXIS 790 (1987). 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 Ga. App. LEXIS 2530 (1983).
RESEARCH REFERENCES Am. Jur. 2d. 59 Am. Jur. 2d, Parent and Child, § 73. U.L.A. 67A C.J.S., Parent and Child, §§ 175, 203.
Uniform Reciprocal Enforcement of Support Act (1958 Act) (U.L.A.) §§ 9, 10.