O.C.G.A.

O.C.G.A. § 19-11-80 (2019)

Registration procedure - Hearing; defenses; grounds for stay; entry of order as registration; county’s entitlement to fee; through whom payments made

✓ 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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(a) At the hearing, the obligor may present only matters that would be available to him as defenses in an action to enforce a foreign money judgment. If he shows to the court that an appeal from the order is pending or will be taken or that a stay of execution has been granted, the court shall stay enforcement of the order until the appeal is concluded, the time for appeal is expired, or the order is vacated, upon satisfactory proof that the obligor has furnished security for payment of the support as required by the rendering state. If he shows to the court any ground upon which enforcement of a support order of this state may be stayed, the court shall stay enforcement of the order for an appropriate period if the obligor furnishes the same security for payment of the support ordered that is required for a support order of this state. (b) If the obligor asserts no defenses or the court finds the obligor’s defenses meritless, the court shall proceed to enter an order making the foreign support order an order of the courts of this state. The entry of such an order constitutes registration under this article. (c) The registration of a foreign support order or of an order denying registration or of an order in an action brought to enforce a registered foreign support order shall constitute an order granting or denying support for the purposes of entitling the county in which a proceeding is brought under Code Sections 19-11-76 through 19-11-79, this Code section, and Code Section 19-11-81 to the $50.00 fee as provided in Code Section 19-11-53. (d) The court shall be empowered to order payment under the terms of the registered order through the clerk of the superior court, the department, or such other collection agency as the court shall designate.

History

Ga. L. 1979, p. 938, § 1; Ga. L. 1989, p. 380, § 2; Ga. L. 1991, p. 94, § 19; Ga. L. 1992, p. 6, § 19.

Annotations

Law reviews. For article surveying legislative and ju-

dicial developments in Georgia’s divorce, alimony and child custody laws for 197879, see 31 Mercer L. Rev. 75 (1979). For note on 1989 amendment to this Code section, see 6 Ga. St. U.L. Rev. 232 (1989).

Notes of Decisions

Cited in 3 cases, 1996–1999 · leading case: Dep't of Human Resources v. Deason, 520 S.E.2d 712 (Ga. Ct. App. 1999).

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Dep't of Human Resources v. Deason, 520 S.E.2d 712 (Ga. Ct. App. 1999). · cites it 2× “OCGA § 19-11-80 (a) provides that “defenses in an action to enforce a foreign money judgment” are the only defenses to an URESA action in the responding state, Georgia.”

Dep't of Human Resources v. Fenner, 510 S.E.2d 534 (Ga. Ct. App. 1998). · cites it 2× “” OCGA § 19-11-80 (a). In considering which defenses are available to such an obligor, we look to OCGA §§ 9-12-130 through 9-12-138, the Uniform Enforcement of Foreign Judgments Law.”

Dep't of Human Resources v. Pruitt, 476 S.E.2d 764 (Ga. Ct. App. 1996). · cites it 2× “” OCGA § 19-11-80 (a). One such defense would be the foreign court’s lack of in personam jurisdiction.”

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.