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2018 Georgia Code 19-11-52 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 19-11-52 Case Law from Google Scholar Amendments to OCGA 19-11-52

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

19-11-52. Contents of petition; when cause of action arises.

The petition shall be verified and shall state the name and, so far as known to the petitioner, the address and circumstances of the respondent and the names of his dependents for whom support is sought and all other pertinent information. The petitioner may include in or attach to the petition any information which may help in locating or identifying the respondent, including, but without limitation by enumeration, a photograph of the respondent, a description of any distinguishing marks of his person, other names and aliases by which he has been or is known, the name of his employer, his fingerprints, and his social security number. However, no cause of action shall arise unless the obligee is in need of support or the obligor has failed and refused to support the obligee.

(Ga. L. 1958, p. 34, § 9.)

Law reviews.

- For note discussing counterclaims and defenses under the Uniform Reciprocal Enforcement of Support Act, see 15 Ga. L. Rev. 143 (1980).

JUDICIAL DECISIONS

Uniform Reciprocal Enforcement of Support Act actions not limited.

- Provisions of O.C.G.A. § 19-6-19 are not intended to and do not provide any limitation on the filing of subsequent Uniform Reciprocal Enforcement of Support Act (URESA), O.C.G.A. § 19-11-40 et seq., actions. Department of Human Resources v. Westmoreland, 210 Ga. App. 603, 436 S.E.2d 706 (1993).

When cause of action arises.

- A cause of action arises if either the obligee is in need of support or the obligor has failed and refused to support the obligee. Evans v. State, 178 Ga. App. 1, 341 S.E.2d 865 (1986).

Fact the father has been diligent in making past support payments would not preclude a Uniform Reciprocal Enforcement of Support Act (URESA), O.C.G.A. § 19-11-40 et seq., action in those instances when the obligee child is in need of support. Department of Human Resources v. Westmoreland, 210 Ga. App. 603, 436 S.E.2d 706 (1993).

Cited in Thibadeau v. Thibadeau, 133 Ga. App. 154, 210 S.E.2d 340 (1974).

RESEARCH REFERENCES

Am. Jur. 2d.

- 41 Am. Jur. 2d, Illegitimate Children, § 44. 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.) § 11.

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