O.C.G.A.

O.C.G.A. § 19-7-46.2 (2019)

Temporary order of support

✓ 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) Upon motion by a party to a paternity action, a temporary order shall be issued in accordance with the guidelines prescribed in Code Section 19-6-15 if there is clear and convincing evidence of paternity. Such temporary order will be valid pending an administrative or judicial determination of parentage.

(b) All child support payments made pursuant to the temporary order prescribed in subsection (a) of this Code section shall be paid to the court which shall deposit the amount of the payment in a separate account in a bank approved as a federal depository. Such bank shall hold the amount as a special escrow fund and, except as provided in this Code section, shall not distribute any portion of the payment to any party to the action. Each full payment made into the escrow account pursuant to this Code section shall be effective to discharge any duty of the putative father to pay the ordered child support amount.

(c) Upon final judgment in a paternity action that the alleged putative father is the father of the child, the court shall order that the amount retained in the special escrow fund shall be paid to the appropriate person or entity along with any interest that may have accrued.

(d) Upon final judgment in a paternity action that the alleged putative father is not the father of the child, the amount retained in the special escrow fund shall be returned to the putative father along with any interest that may have accrued.

History

Code 1981, § 19-7-46.2, enacted by Ga. L. 1997, p. 1613, § 21.

Annotations

Law reviews. For article on the 1997 enactment of

this Code section, see 14 Ga. St. U.L. Rev. 121 (1997).

Notes of Decisions

Cited in 4 cases, 2002–2012 · leading case: Petersen v. Tyson, 559 S.E.2d 164 (Ga. Ct. App. 2002).

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Petersen v. Tyson, 559 S.E.2d 164 (Ga. Ct. App. 2002). · cites it 4× “Petersen filed a motion for a temporary hearing on the issue of visitation, citing as authority OCGA § 19-7-46.2. Tyson objected on the ground that the statutes governing legitimation proceedings, OCGA §§ 19-7-22 and 19-7-25, do not authorize the grant of visitation to a…”

Dodson v. Walraven, 734 S.E.2d 428 (Ga. Ct. App. 2012). · cites it 2× “” After paternity was factually (not judicially) determined by DNA testing, Walraven never moved for a temporary order of support under OCGA § 19-7-46.2 nor was she compelled to engage in any substantial extra litigation aside from the normal course of resolving the issues…”

Banks v. Hopson, 571 S.E.2d 730 (Ga. 2002). · cites it 2× “16 See OCGA § 19-7-51 (trial court order may contain provisions concerning the duty to support the child by periodic or lump sum payments); see also OCGA § 19-7-46.2 (trial court may issue temporary order of support if clear and convincing evidence of paternity).”

Douglas Dodson v. Sarah Walraven (Ga. Ct. App. 2012). · cites it 2× “” After paternity was factually (not judicially) determined by DNA testing, Walraven never moved for a temporary order of support under OCGA § 19-7-46.2 15 See OCGA § 19-7-22 (f.”

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.