Power of Court to Assure Compliance With Orders

1. Law
2. Georgia Code
3. Domestic Relations
4. Enforcement of Duty of Support
5. Uniform Reciprocal Enforcement of Support Act
6. Power of Court to Assure Compliance With Orders

In addition to the other powers specified in this article, the court of this state, when acting as the responding state, has the power to subject the respondent to such terms and conditions as the court may deem proper to assure compliance with its orders and in particular has the power:

1. To require the respondent to furnish recognizance in the form of a cash deposit or bond of such character and in such amount as the court may deem proper to assure payment of any amount required to be paid by the respondent;
2. To require the respondent to make payments at specified intervals to the department or any county agency designated by the court or to the obligee and to report personally to the department at such times as may be deemed necessary; and
3. To punish the respondent who violates any order of the court to the same extent as is provided by law for contempt of the court in any other action or proceeding cognizable by the court.

(Ga. L. 1958, p. 34, § 21; Ga. L. 1989, p. 380, § 1; Ga. L. 1991, p. 94, § 19.)

Cross references.

- Exercise of power of contempt generally, § 15-1-4.

Law reviews.

- For note on 1989 amendment to this Code section, see 6 Ga. St. U.L. Rev. 232 (1989).

JUDICIAL DECISIONS

Cooperation of out-of-state courts cannot be compelled beyond terms of reciprocal law.

- Courts of this state have no control over processes of courts of initiating state and cannot compel cooperation beyond bounds of substantially similar terms of its reciprocal law. Thibadeau v. Thibadeau, 133 Ga. App. 154, 210 S.E.2d 340 (1974).

Failure to enter findings does not bar enforcement of support.

- Court's failure to enter findings of fact and conclusions of law with respect to paternity in the court's order directing payment of child support as required by O.C.G.A. § 9-11-52(a) is an amendable defect and, therefore, the trial court does not err by denying the defendant's motion to set aside the judgment nor by finding the defendant in contempt for willfully failing to comply with the court's order. Powell v. State, 166 Ga. App. 780, 305 S.E.2d 646 (1983).

Arrearages may be enforced after child reaches majority.

- Contempt action to collect arrearages which accrued while a child was under 18 may be filed even though the child on whose behalf the action is brought is legally an adult at the time of the action. Johnson v. State, 167 Ga. App. 508, 306 S.E.2d 756 (1983).

Entry of injunction on speech was erroneous.

- Trial court erred by enjoining the parties and counsel from discussing the case with the media or placing information about the case on social media as the court failed to balance the danger with the parties' and counsels' First Amendment rights. Baskin v. Hale, 337 Ga. App. 420, 787 S.E.2d 785 (2016), cert. denied, No. S16C1762, 2017 Ga. LEXIS 12 (Ga. 2017).

OPINIONS OF THE ATTORNEY GENERAL

No additional fee in contempt proceeding for violating support order.

- Contempt proceeding for violating order of support issued in case under the Uniform Reciprocal Enforcement of Support Act (see now O.C.G.A. § 19-11-40 et seq.) is in nature of civil contempt proceeding to obtain compliance with order of support for benefit of the plaintiff, and as such would be a continuation of the main cause; being a continuation of the main cause, the solicitor general (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.

RESEARCH REFERENCES

Am. Jur. 2d.

- 23 Am. Jur. 2d, Desertion and Nonsupport, § 78.

C.J.S.

- 67A C.J.S., Parent and Child, § 204 et seq.

U.L.A.

- Uniform Reciprocal Enforcement of Support Act (1958 Act) (U.L.A.) § 26.

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