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2018 Georgia Code 19-11-71 | 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

19-11-71. Previous support orders not superseded; how payments credited.

Any order of support issued by a court of this state when acting as a responding state shall not supersede any previous order of support issued in a divorce or separate maintenance action, but the amounts for a particular period paid pursuant to either order shall be credited against amounts accruing or accrued for the same period under both.

(Ga. L. 1958, p. 34, § 26.)

JUDICIAL DECISIONS

Effect on orders previously issued in divorce or separate maintenance action.

- Any order of support issued by a court of this state, entered in an action filed under the Uniform Reciprocal Enforcement of Support Act, O.C.G.A. § 19-11-40 et seq., shall not supersede any previous order of support issued in divorce or separate maintenance action, and the latter order will not constitute a modification of the former order; thus, amounts for a particular period paid pursuant to either order shall be credited against amounts accruing or accrued for the same period under both. Ray v. Ray, 247 Ga. 467, 277 S.E.2d 495 (1981).

Uniform Reciprocal Enforcement of Support Act, O.C.G.A. § 19-11-40 et seq., order did not supersede divorce decree ordering child support. Bisno v. Biloon, 161 Ga. App. 351, 291 S.E.2d 66 (1982), overruled on other grounds, State ex rel. McKenna v. McKenna, 253 Ga. 6, 315 S.E.2d 885 (1984).

Kentucky URESA order does not supersede prior Georgia support order.

- Kentucky Uniform Reciprocal Enforcement of Support Act order does not supersede a prior Georgia divorce decree ordering child support; and by the same token, the URESA order does not constitute a modification of the support order. Earley v. Earley, 165 Ga. App. 483, 300 S.E.2d 814 (1983).

Payment on URESA action credit on divorce decree.

- Under the Uniform Reciprocal Enforcement of Support Act, O.C.G.A. § 19-11-40 et seq., the court having jurisdiction in the responding state makes an independent determination of a "fair and reasonable sum" irrespective of whether there is a prior decree; and if a different amount is ordered paid, the other judgment is not modified but the sums paid under either are credited to the other. State ex rel. McKenna v. McKenna, 253 Ga. 6, 315 S.E.2d 885 (1984); Baird v. Herrmann, 181 Ga. App. 579, 353 S.E.2d 75 (1987).

Cited in Francis v. Pittman, 162 Ga. App. 40, 290 S.E.2d 288 (1982); 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, §§ 73, 81.

C.J.S.

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

U.L.A.

- Uniform Reciprocal Enforcement of Support Act (1958 Act) (U.L.A.) § 30.

ALR.

- Construction and effect of provision of Uniform Reciprocal Enforcement of Support Act that no support order shall supersede or nullify any other order, 31 A.L.R.4th 347.

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 19-11-71 From Courtlistener.com

Total Results: 2

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: 885) (1984), we pointed out that, under OCGA § 19-11-71, URESA orders do not affect, and are not bound

State of Ga. v. McKenna

Court: Supreme Court of Georgia | Date Filed: 1984-05-22

Citation: 315 S.E.2d 885, 253 Ga. 6

Snippet: accrued for the same period under both." OCGA § 19-11-71. Under URESA a duty to support may be found in