O.C.G.A. § 19-6-26 (2019)

Annotations

Cross references. Uniform Foreign-Country Money Judgments Recognition Act, § 9-12-110 et seq.

Law reviews. For comment on Connell v. Connell, 119 Ga. App. 485, 167 S.E.2d 686 (1969), as to enforcement of a foreign modification of a Georgia child support decree, see 21 Mercer L. Rev. 675 (1970). For article surveying developments in

Georgia domestic relations law from mid1980 through mid-1981, see 33 Mercer L. Rev. 109 (1981). For survey article on domestic relations, see 34 Mercer L. Rev. 113 (1982).

For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 121 (1997).

JUDICIAL DECISIONS Proper venue for former husband’s proceeding to modify alimony provisions is former wife’s county of residence, rather than where the original alimony judgment had been entered. Tiller v. Tiller, 245 Ga. 27, 262 S.E.2d 819, 1980 Ga. LEXIS 673 (1980). Reason underlying enactment of former subsection (b). - Former subsection (b) of Ga. L. 1969, p. 98, § 1 was passed to overrule the decision in Connell v. Connell, 119 Ga. App. 485, 167 S.E.2d 686 (1969) which honored a modification of a Georgia decree for child support by a Florida court under the full faith and credit clause of the United States Constitution. McGuire v. McGuire, 228 Ga. 782, 187 S.E.2d 859, 1972 Ga. LEXIS 907 (1972). Limitation upon prohibition against enforcement of foreign modification. - Seemingly absolute prohibition against enforcement by Georgia courts of foreign judgments modifying Georgia permanent alimony judgments must be construed as being limited to those situations in which the party against whom the permanent alimony judgment was rendered remains domiciled in this state. Gilbert v. Gilbert, 245 Ga. 674, 266 S.E.2d 490, 1980 Ga. LEXIS 887 (1980). Jurisdiction over contempt motion. - Trial court erred by dismissing an exspouse’s motion for contempt for failure to pay child support, which was filed along with her motion to modify the parties’ divorce decree because when one court has rendered a divorce decree and a second court later acquires jurisdiction to modify the decree, the second court also has jurisdiction to entertain a motion for contempt of the original decree as a counterclaim to the petition to modify. Ford v. Hanna, 292 Ga. 500, 739 S.E.2d 309, 2013 Ga. LEXIS 192 (2013). URESA action not barred by prior decree. - O.C.G.A. § 19-6-26 does not

require a trial court to dismiss proceedings under the Uniform Reciprocal Enforcement of Support Act, O.C.G.A. § 1911-40 et seq., when a prior support decree is in effect. State ex rel. McKenna v. McKenna, 253 Ga. 6, 315 S.E.2d 885, 1984 Ga. LEXIS 781 (1984). Agreement between the parents. - Father could not voluntarily abandon his parental responsibility by contract. Diegel v. Diegel, 261 Ga. App. 660, 583 S.E.2d 520, 2003 Ga. App. LEXIS 740 (2003). Counterclaim for revision of child support in change of custody proceeding. - When plaintiff brings suit for change in custody in county other than county of plaintiff’s residence, plaintiff submits to jurisdiction of court in which suit is filed for the purpose of allowing the defendant to file a counterclaim for revision of child support. Ledford v. Bowers, 248 Ga. 804, 286 S.E.2d 293, 1982 Ga. LEXIS 665 (1982). “Continuing, exclusive jurisdiction” of foreign court. - After a Florida court issued an original custody decree, subsequently issuing a modification, and after one of the “individual contestants” continued to live in Florida and did not consent to the Georgia court’s jurisdiction, Florida exercised “continuing, exclusive” jurisdiction, a Georgia county court erred in entering an order domesticating the final divorce decree and increasing the amount of child support, and the superior court should have granted the plaintiff’s motion to set aside the order. Connell v. Woodward, 235 Ga. App. 751, 509 S.E.2d 647, 1998 Ga. App. LEXIS 1505 (1998), cert. denied, No. S99C0522, 1999 Ga. LEXIS 340 (Ga. Apr. 9, 1999). Connecticut had continuing, exclusive jurisdiction over the child support order at issue because the husband was still a resident of Connecticut and neither party provided written consent for a Georgia tribunal to exercise jurisdiction over the

matter and, therefore, the trial court erred when the court held the court had jurisdiction to modify the parties’ child support order. Ross v. Ross, 302 Ga. 39, 805 S.E.2d 7, 2017 Ga. LEXIS 766 (2017). Declaratory judgment appropriate method to determine support obligations. - As a former spouse planned to continue denying the second former spouse’s claim of back child support based

on the first spouse’s understanding of an unclear divorce decree’s formula for calculating biennial increases in the first spouse’s support obligation, but doing so subjected the first spouse to contempt charges, the first spouse properly filed a declaratory judgment action. Acevedo v. Kim, 284 Ga. 629, 669 S.E.2d 127, 2008 Ga. LEXIS 870 (2008).

RESEARCH REFERENCES Am. Jur. 2d. 24A Am. Jur. 2d, Divorce and Separation, §§ 751, 752. C.J.S. 27B C.J.S., Divorce, §§ 503 et seq., 508 et seq. ALR. Decree for alimony rendered in another

state or country (or domestic decree based thereon) as subject to enforcement by equitable remedies or by contempt proceedings, 18 A.L.R.2d 862. Validity, construction, and application of full faith and Credit for Child Support Orders Act (FFCCSOA), 28 USCS § 1738B - state cases, 18 A.L.R.6th 97.