O.C.G.A.

O.C.G.A. § 19-11-52 (2019)

Contents of petition; when cause of action arises

✓ 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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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.

History

Ga. L. 1958, p. 34, § 9.

Annotations

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 Ga. App. LEXIS 1281 (1993), cert. denied, No. S94C0209, 1994 Ga. LEXIS 157 (Ga. Jan. 21, 1994). 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 Ga. App. LEXIS 1596 (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 Ga. App. LEXIS 1281 (1993), cert. denied, No. S94C0209, 1994 Ga. LEXIS 157 (Ga. Jan. 21, 1994). 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.

Notes of Decisions

Cited in 3 cases, 1986–1993 · leading case: Brookins v. Brookins, 357 S.E.2d 77 (Ga. 1987).

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Brookins v. Brookins, 357 S.E.2d 77 (Ga. 1987). · cites it 2× “…obligee is in need of support and the obligor has failed and refused to support the obligee.” (Emphasis supplied.) OCGA § 19-11-52.”

Evans v. State, 341 S.E.2d 865 (Ga. Ct. App. 1986). · cites it 4× “Relying on OCGA § 19-11-52, which provides that "no cause of action shall arise [under URESA] unless the obligee is in need of support or the obligor has failed and refused to support the obligee," appellant argues that his testimony fully rebuts Williams "conclusory" evidence…”

Dep't of Human Resources v. Westmoreland, 436 S.E.2d 706 (Ga. Ct. App. 1993). · cites it 2× “OCGA § 19-11-52 provides that “no [URESA] cause of action shall arise unless the obligee is in need of support or the obligor has failed and refused to support the obligee.”

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.