Duty of Court of This State When Acting as Initiating State; Transmittal of Copies of Petition, Certificate, and Article; Monetary Recommendation to Canadian Court

  1. Law
  2. Georgia Code
  3. Domestic Relations
  4. Enforcement of Duty of Support
  5. Uniform Reciprocal Enforcement of Support Act
  6. Duty of Court of This State When Acting as Initiating State; Transmittal of Copies of Petition, Certificate, and Article; Monetary Recommendation to Canadian Court

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  1. If a court of this state, acting as an initiating state, finds that the petition sets forth facts from which it may be determined that the respondent owes a duty of support and that a court of the responding state may obtain jurisdiction of the respondent or his property, it shall so certify and shall cause three copies of the petition, its certificate, and this article to be transmitted to the court in the responding state. If the name and address of the court are unknown and the responding state has an information agency comparable to that established in the initiating state it shall cause the copies to be transmitted to the state information agency or other proper officials of the responding state, with a request that it or they forward the copies to the proper court and that the court of the responding state acknowledge their receipt to the court of the initiating state.
  2. If the responding state is a province or territory of the Dominion of Canada, the court of this state shall also set forth in its certificate the weekly or monthly amount in United States money which, in the court's opinion, the respondent should be required to pay for support of the petitioner; but such recommendation is provisional only and is subject to confirmation or modification by the court of the responding state.

(Ga. L. 1958, p. 34, § 12; Ga. L. 1975, p. 818, § 3.)

OPINIONS OF THE ATTORNEY GENERAL

Copies of petition transmitted to responding state must be certified.

- Copies of petition in action under the Uniform Reciprocal Enforcement of Support Act (see now O.C.G.A. § 19-11-40 et seq.) need only be certified and not exemplified when transmitting copies to the responding state when the action was initiated in Georgia and Georgia is the initiating state. 1957 Op. Att'y Gen. p. 74.

RESEARCH REFERENCES

Am. Jur. 2d.

- 23 Am. Jur. 2d, Desertion and Nonsupport, §§ 127, 131, 139.

C.J.S.

- 67A C.J.S., Parent and Child, §§ 175, 203.

U.L.A.

- Uniform Reciprocal Enforcement of Support Act (1958 Act) (U.L.A.) § 14.


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