This article may be cited as the "Uniform Reciprocal Enforcement of Support Act."
(Ga. L. 1958, p. 34, § 34.)
Editor's notes.- Ga. L. 1958, p. 34, §§ 29 and 30, not codified by the General Assembly, provide that judgments, decrees, or orders issued under the authority of laws utilized prior to initial passage in 1958 of this article shall continue in validity.
JUDICIAL DECISIONS
Ga. L. 1958, p. 34 (see now O.C.G.A. § 19-11-40 et seq.) does not apply merely in cases of actual nonsupport. Zimmerman v. Zimmerman, 131 Ga. App. 567, 206 S.E.2d 583 (1974).
Counterclaim for modification not permitted in contempt proceeding.
- Counterclaim for modification of a Uniform Reciprocal Enforcement of Support Act, O.C.G.A. § 19-11-40 et seq., support order may not be asserted by the defendant in a URESA contempt proceeding. The only issue for determination in a URESA contempt proceeding is the enforcement of the support obligation previously established by the URESA order. State v. Garrish, 197 Ga. App. 816, 399 S.E.2d 572 (1990).
Spousal consent precluded arrears recovery.
- When wife consented to allowing the minor child of the parties to live with the husband in Germany for a three-year period and did not provide any support for the child during that three year period; the husband provided all of the support for the child during that period and not until three years after the child had returned from Germany did the wife seek to recover any child support for the time the child spent in Germany, the wife could be said to have consented to the husband's voluntary expenditures as an alternative to his child support obligation and, as a result, the trial court erred in concluding that the husband was in arrears in the payment of child support for the three-year period at issue. Brown v. Georgia Dep't of Human Resources ex rel. Brown, 263 Ga. 53, 428 S.E.2d 81 (1993).
Cited in Jones v. Helms, 452 U.S. 412, 101 S. Ct. 2434, 69 L. Ed. 2d 118 (1981); Francis v. Pittman, 162 Ga. App. 40, 290 S.E.2d 288 (1982).
RESEARCH REFERENCES
Am. Jur. 2d.
- 23 Am. Jur. 2d, Desertion and Nonsupport, § 72.
C.J.S.- 41 C.J.S., Husband and Wife, § 214 et seq., 67A C.J.S, Parent and Child, § 73. 82 C.J.S., Statutes, § 486 et seq.
U.L.A.- Uniform Reciprocal Enforcement of Support Act (1958 Act) (U.L.A.) § 42.