O.C.G.A.

O.C.G.A. § 19-11-71 (2019)

Previous support orders not superseded; how payments credited

✓ 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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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.

History

Ga. L. 1958, p. 34, § 26.

Annotations

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 ei-

ther 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 Ga. LEXIS 754 (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 Ga. App. LEXIS 1875 (1982). 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 Ga. App. LEXIS 1918 (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 Ga. LEXIS 781 (1984); Baird v. Herrmann, 181 Ga. App. 579, 353 S.E.2d 75, 1987 Ga. App. LEXIS 1485 (1987).

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.

Notes of Decisions

Cited in 5 cases, 1984–1996 · leading case: State of Ga. v. McKenna, 315 S.E.2d 885 (Ga. 1984).

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State of Ga. v. McKenna, 315 S.E.2d 885 (Ga. 1984). · cites it 4× “” OCGA § 19-11-71. Under URESA a duty to support may be found in the responding state whether or not a prior judgment of support has been entered; this duty “includes any duty of support imposed or imposable by law.”

Brookins v. Brookins, 357 S.E.2d 77 (Ga. 1987). · cites it 2× “6, 9 ( 315 SE2d 885 ) (1984), we pointed out that, under OCGA § 19-11-71, URESA orders do not affect, and are not bound by, prior foreign support orders/ judgments, and sums paid under either order/judgment are credited against arrearages under both; and that there was the…”

In Re Pollock, 90 B.R. 747 (Bankr. E.D. Pa. 1988). “O.C.G.A. § 19-11-71 (1982) (1958 Ga.Laws, p.”

Baird v. Herrmann, 353 S.E.2d 75 (Ga. Ct. App. 1987). · cites it 2× “OCGA § 19-11-71 provides that “[a]ny 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…”

Dep't of Human Resources v. Pruitt, 476 S.E.2d 764 (Ga. Ct. App. 1996). · cites it 2× “The URESA statute expressly provides: “[a]ny 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…”

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.