Authority of Tribunal Upon Failure to Issue Support Order; Temporary Child Support Order

  1. Law
  2. Georgia Code
  3. Domestic Relations
  4. Enforcement of Duty of Support
  5. Uniform Interstate Family Support Act
  6. Establishment of Support Order
  7. Authority of Tribunal Upon Failure to Issue Support Order; Temporary Child Support Order

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  1. If a support order entitled to recognition under this article has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if:
    1. The individual seeking the order resides outside this state; or
    2. The support enforcement agency seeking the order is located outside this state.
  2. The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is:
    1. A presumed father of the child;
    2. Petitioning to have his paternity adjudicated;
    3. Identified as the father of the child through genetic testing;
    4. An alleged father who has declined to submit to genetic testing;
    5. Shown by clear and convincing evidence to be the father of the child;
    6. An acknowledged father as provided by applicable state law or the law of a foreign country;
    7. The mother of the child; or
    8. An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.
  3. Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to Code Section 19-11-124.

(Code 1981, §19-11-140, enacted by Ga. L. 1997, p. 1613, § 33; Ga. L. 2013, p. 705, § 1/SB 193.)

RESEARCH REFERENCES

C.J.S.

- 27C C.J.S., Divorce, § 1180 et seq.


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