Representation of Petitioner by District Attorney; Fees; Monthly Collection Reports; Payment to County for Services; Clerk's Fees

  1. Law
  2. Georgia Code
  3. Domestic Relations
  4. Enforcement of Duty of Support
  5. Uniform Reciprocal Enforcement of Support Act
  6. Representation of Petitioner by District Attorney; Fees; Monthly Collection Reports; Payment to County for Services; Clerk's Fees

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  1. The district attorney of each superior court shall be authorized to represent the petitioner in any proceeding under this article.Otherwise, at the option of the district attorney, actions under this article shall be brought as provided in Article 1 of this chapter.The district attorney shall be authorized to require the completion of an application.Fees for such services shall be charged as part of the application in accordance with subsection (b) of Code Section 19-11-8.The department shall be entitled to receive monthly reports concerning collections under this provision pursuant to Code Section 19-11-21.
  2. For such services by the district attorney there shall be paid to the county in which the petition is handled the sum of $50.00 for each petition handled, whether this state is the initiating or the responding state. In all counties in which the clerk of the superior court is on a fee basis, the district attorney shall pay from the sum so received by him to the clerk the fees as are allowed by law for the filing of petitions and service of processes filed under this article. However, before the sum shall be paid, an order granting or denying support must have been entered.
  3. When acting pursuant to subsection (a) of this Code section, the district attorney shall represent the petitioner to the extent that the interests of the petitioner do not conflict with the interests of the department.

(Ga. L. 1958, p. 34, § 10; Ga. L. 1975, p. 781, § 1; Ga. L. 1985, p. 785, § 9; Ga. L. 1990, p. 1832, § 1; Ga. L. 1992, p. 1833, § 6.)

OPINIONS OF THE ATTORNEY GENERAL

Types of fee under article.

- Filing fee and service fee are only fees contemplated by wording of the Uniform Reciprocal Enforcement of Support Act (see now O.C.G.A. § 19-11-40 et seq.). 1957 Op. Att'y Gen. p. 47.

Use of assistant by district attorney.

- Assistant whose duties are general does not disqualify solicitor general (now district attorney) from receiving fee. 1957 Op. Att'y Gen. p. 75.

Collection of fee not prohibited by § 45-7-3. - Prohibition contained in Ga. L. 1973, p. 701, § 1 as amended by Ga. L. 1978, p. 4, § 1 (see now O.C.G.A. § 45-7-3) forbidding the district attorney from receiving compensation out of state funds, other than the district attorney's salary and county supplements, does not prohibit state's paying $50.00 to county for every petition filed pursuant to the Uniform Reciprocal Enforcement of Support Act (see now O.C.G.A. § 19-11-40 et seq.) which had been handled by the district attorney in that county and for which an order granting or denying support had been entered. 1979 Op. Att'y Gen. No. U79-16.

No additional fee in contempt proceeding for violation of support order.

- Contempt proceeding for violating an order of support issued in a case under the Uniform Reciprocal Enforcement of Support Act (see now O.C.G.A. § 19-11-40 et seq.) is in the nature of a civil contempt proceeding to obtain compliance with an order of support for the benefit of the plaintiff, and as such would be a continuation of the main cause; being a continuation of the main cause, a solicitor (now district attorney) would not be entitled to receive an additional fee of $50.00 for successfully representing the plaintiff. 1957 Op. Att'y Gen. p. 76.

When and how fee is received.

- Solicitor general (now district attorney) is entitled to payment of fee provided in Ga. L. 1958, p. 34, § 10 (see now O.C.G.A. § 19-11-53) when the case has been successfully concluded, and an order for payment of the fee has been processed as provided in Ga. L. 1958, p. 34, §§ 15 and 15A (see now O.C.G.A. §§ 19-11-58 and19-11-59). 1957 Op. Att'y Gen. p. 75.

RESEARCH REFERENCES

C.J.S.

- 43 C.J.S., Infants, § 322 et seq. 67A C.J.S., Parent and Child, §§ 175, 203.

U.L.A.

- Uniform Reciprocal Enforcement of Support Act (1958 Act) (U.L.A.) § 12.


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