A court of this state, whether the state is acting as an initiating or a responding state, may, in its discretion, direct that any part of or all fees and costs incurred in this state, including, without limitation by enumeration, fees for filing, service of process, seizure of property, and stenographic service of both petitioner and respondent, or either, shall be paid by the state and shall direct that the district attorney's fee be paid by the state. The court may order that when the state has paid the costs above that a fi. fa. be issued against the respondent to reimburse the state for its expenditures. Where the action is brought by or through the state or an agency thereof, there shall be no filing fee.
(Ga. L. 1958, p. 34, § 13.)
OPINIONS OF THE ATTORNEY GENERAL
State does not pay court costs under the Uniform Reciprocal Enforcement of Support Act (see now O.C.G.A. § 19-11-40 et seq.). 1962 Op. Att'y Gen. p. 92.
State can only pay district attorney's fee.
- State cannot pay clerk's cost, or any of the costs and fees provided in the Uniform Reciprocal Enforcement of Support Act (see now O.C.G.A. § 19-11-40 et seq.), except the fee of the solicitor general (now district attorney), as no appropriation has been made for that purpose. 1957 Op. Att'y Gen. p. 48.
Payment of fee under
§ 19-11-59 requires court order. - Fee referred to in Ga. L. 1958, p. 34, § 15 (see now O.C.G.A. § 19-11-59) can only be paid as a result of a court order as provided in that section and direction of the commanding officer to the officer's subordinate to make payments does not fall within the purview of Ga. L. 1958, p. 34, § 13 or § 15A (see now O.C.G.A. § 19-11-56 or O.C.G.A. § 19-11-59). 1965-66 Op. Att'y Gen. No. 66-248.
When and how district attorney collects fee.
- Solicitor general (now district attorney) is entitled to payment of fee when case has been successfully concluded, and an order for payment of 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.
Fees payable by Department of Administrative Services.
- Department of Administrative Services is not authorized to reimburse a superior court law clerk's travel expense from funds appropriated for the operation of the superior courts, but may use those funds to pay a court reporter's fee in a Uniform Reciprocal Enforcement of Support Act (URESA), O.C.G.A. § 19-11-40 et seq., action if so ordered by the court. 1983 Op. Att'y Gen. No. 83-46.
RESEARCH REFERENCES
Am. Jur. 2d.
- 23 Am. Jur. 2d, Desertion and Nonsupport, § 142.
C.J.S.- 67A C.J.S., Parent and Child, §§ 211, 212.
U.L.A.- Uniform Reciprocal Enforcement of Support Act (1958 Act) (U.L.A.) § 15.