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2018 Georgia Code 19-11-63 | Car Wreck Lawyer

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

19-11-63. Order of support or reimbursement.

If the court of the responding state finds a duty of support, it may order the respondent to furnish support and to pay arrearages due under any existing court order or to furnish reimbursement for reasonable expenses actually incurred in the absence of a court order and may subject the property of the respondent to such order.

(Ga. L. 1958, p. 34, § 19; Ga. L. 1979, p. 941, § 2.)

JUDICIAL DECISIONS

Reimbursement should be based upon expenses incurred in supporting child.

- Amount of reimbursement awarded a parent should be based on evidence submitted to the superior court setting forth expenses incurred by her in supporting the child. Hethcox v. Hethcox, 146 Ga. App. 430, 246 S.E.2d 444 (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, O.C.G.A. § 19-11-40 et seq., until O.C.G.A. §§ 19-11-51 and19-11-63 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).

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).

Cited in Weaver v. Chester, 195 Ga. App. 471, 393 S.E.2d 715 (1990); Department of Human Resources v. Pruitt, 223 Ga. App. 126, 476 S.E.2d 764 (1996).

RESEARCH REFERENCES

Am. Jur. 2d.

- 23 Am. Jur. 2d, Desertion and Nonsupport, §§ 78, 81. 73 Am. Jur. 2d, Support of Persons, § 29.

C.J.S.

- 67A C.J.S., Parent and Child, § 217 et seq.

U.L.A.

- Uniform Reciprocal Enforcement of Support Act (1958 Act) (U.L.A.) § 24.

ALR.

- Constitutionality of statute providing for seizure of property of absent husband or parent, for benefit of wife or child, 65 A.L.R. 886.

Right to credit on child support payments for social security or other government dependency payments made for benefit of child, 34 A.L.R.5th 447.

Cases Citing Georgia Code 19-11-63 From Courtlistener.com

Total Results: 1

Brookins v. Brookins

Court: Supreme Court of Georgia | Date Filed: 1987-06-24

Citation: 357 S.E.2d 77, 257 Ga. 205, 1987 Ga. LEXIS 790

Snippet: support order pursuant to OCGA §§ 19-11-51 and 19-11-63, the dismissal of the petition would be proper