When Extradition of Obligor Authorized; How Extradition Avoided; Petition; Temporary Order of Support; Delivery of Copies of Order; Suspension of Extradition Proceedings

  1. Law
  2. Georgia Code
  3. Domestic Relations
  4. Enforcement of Duty of Support
  5. Uniform Reciprocal Enforcement of Support Act
  6. When Extradition of Obligor Authorized; How Extradition Avoided; Petition; Temporary Order of Support; Delivery of Copies of Order; Suspension of Extradition Proceedings

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  1. The Governor of this state may:
    1. Demand from the governor of any other state the surrender of any person found in the other state who is charged in this state with the crime of failing to provide for the support of any person in this state; and
    2. Surrender, on demand by the governor of any other state, any person found in this state who is charged in the other state with the crime of failing to provide for the support of a person in the other state.
  2. The provisions for extradition of criminals not inconsistent with this Code section shall apply to any such demand, even if the person whose surrender is demanded was not in the demanding state at the time of the commission of the crime and although he had not fled therefrom. Neither the demand, the oath, nor any proceedings for extradition pursuant to this Code section need state or show that the person whose surrender is demanded has fled from justice or that at the time of the commission of the crime he was in the demanding or other state.
  3. When the extradition of an obligor in this state has been demanded by the governor of any other state, the obligor may be relieved of extradition to the other state if he submits himself to the jurisdiction of the superior court of this state in the county where he is found and complies with the court's order of support.
  4. In order to submit himself to the jurisdiction of the superior court of this state, the obligor shall file with the court a verified petition containing the following information:
    1. His name and permanent address;
    2. The names, addresses, and ages of his obligees in the demanding state;
    3. His financial circumstances;
    4. That he is willing to submit himself to the jurisdiction of the court of this state and to comply with its order of support; and
    5. Such other information as he believes to be pertinent and material.
  5. The court shall make a temporary order of support and shall continue the matter pending the receipt of such further information as the court may deem necessary or advisable. Two certified copies of the temporary order of support shall be delivered to the office of the Governor and one plain copy shall be delivered to the district attorney. Upon receipt of the certified copies of the order of support, the Governor may, in his discretion, suspend extradition proceedings so long as the obligor complies with the temporary order of support and with any other orders of support which may thereafter be entered.

(Ga. L. 1958, p. 34, § 5.)

Cross references.

- Extradition generally, T. 17, C. 13.

JUDICIAL DECISIONS

O.C.G.A. Art. 2, Ch. 11, T. 19 and O.C.G.A. Art. 2, Ch. 13, T. 17 should be construed together.

- Inasmuch as provisions of Ga. L. 1958, p. 34, § 1 et seq. provide for interstate extradition or rendition of persons failing to comply with the law in regard to support of minor children, that article should be construed together with the Uniform Criminal Extradiction Act, Ga. L. 1951, p. 726. Aikens v. Turner, 241 Ga. 401, 245 S.E.2d 660 (1978).

Section applies to extradition for crime of nonsupport.

- Extradition provisions of O.C.G.A. § 19-11-48 apply in criminal extradition proceedings for the crime of nonsupport. In re Pace, 250 Ga. 276, 297 S.E.2d 255 (1982).

Extradition procedure for nonsupport.

- For a discussion of the procedure to be followed in extradition for the crime of nonsupport, see In re Pace, 250 Ga. 276, 297 S.E.2d 255 (1982).

Cited in Johnstone v. Deyton, 233 Ga. 146, 210 S.E.2d 692 (1974); Helms v. Jones, 621 F.2d 211 (5th Cir. 1980).

RESEARCH REFERENCES

Am. Jur. 2d.

- 23 Am. Jur. 2d, Desertion and Nonsupport, § 82 et seq.

C.J.S.

- 35 C.J.S., Extradition and Detainers, §§ 1 et seq., 9 et seq., 11, 25 et seq. 67A C.J.S., Parent and Child, § 359 et seq.

U.L.A.

- Uniform Reciprocal Enforcement of Support Act (1958 Act) (U.L.A.) §§ 5, 6.

ALR.

- Long-arm statutes: obtaining jurisdiction over nonresident parent in filiation or support proceeding, 76 A.L.R.3d 708.


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