Child Support Obligee Regarded as Creditor for Attacking Certain Judgments and Transactions

1. Law
2. Georgia Code
3. Domestic Relations
4. Alimony and Child Support
5. General Provisions
6. Child Support Obligee Regarded as Creditor for Attacking Certain Judgments and Transactions

1. As used in this Code section, the term:
   1. "Child support obligee" means an individual to whom the payment of a child support obligation is owed and includes a custodial parent or caretaker of a child to whom such support obligation is to be paid or a governmental agency entitled by law to enforce a child support obligation on behalf of such parent, caretaker, or child.
   2. "Child support obligor" means an individual owing a duty of support to a child or children, whether or not such duty is evinced by a judgment, order, or decree.
2. A child support obligee shall be regarded as a creditor, and a child support obligor shall be regarded as a debtor, as defined in Code Section 18-2-1, for the purposes of attacking as fraudulent a judgment, conveyance, transaction, or other arrangement interfering with the creditor's rights, either at law or in equity.

(Code 1981, §19-6-35, enacted by Ga. L. 1997, p. 1613, § 13.)

Law reviews.

- For article on the 1997 enactment of this Code section, see 14 Ga. St. U.L. Rev. 121 (1997).

JUDICIAL DECISIONS

Standing to enforce arrearage judgment.

- Habeas court erred by denying a mother's motion for a new trial following an order discharging the payment of restitution and child support arrearage to her by the purported biological father of her minor child because the judgment discharging the payment of the pre-existing arrearage was a judgment against her, making her a party to the action and directly aggrieved to have standing to challenge the judgment. Bennett v. Etheridge, 302 Ga. 33, 805 S.E.2d 38 (2017).

Cited in Cavin v. Brown, 246 Ga. App. 40, 538 S.E.2d 802 (2000).

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