(Effective January 1, 2021) Judgment or Lien Surviving Death; Procedure and Rights

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  6. (Effective January 1, 2021) Judgment or Lien Surviving Death; Procedure and Rights

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  1. A judgment or lien that survives the death of a party and is enforceable against the estate of the deceased party under subsection (d) of Code Section 19-6-1, Code Section 19-6-7, or any other provision of this article shall operate as a judgment or other lien created during the lifetime of the deceased party under paragraph (6) of Code Section 53-7-40 and such claim against the estate of the deceased party shall be paid accordingly by the personal representative of the estate as provided in Article 4 of Chapter 7 of Title 53. The personal representative may address such claim in any manner provided by this article or by Code Section 53-7-44 or 53-7-45.
  2. Nothing in subsection (a) of this Code section shall alter or impair the rights of any person under this article as such rights existed immediately prior to January 1, 2021.

(Code 1981, §19-6-36, enacted by Ga. L. 2020, p. 377, § 2-25/HB 865.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2020, "January 1, 2021" was substituted for "the effective date of this Code section" at the end of subsection (b).

ARTICLE 2 GEORGIA CHILD SUPPORT COMMISSION

Editor's notes.

- Ga. L. 2005, p. 224, § 1/HB 221, not codified by the General Assembly, provides that: "The General Assembly finds and declares that it is important to assess periodically child support guidelines and determine whether existing guidelines continue to be viable and effective or whether they have failed or ceased to accomplish their original policy objectives. The General Assembly further finds that supporting Georgia's children is vitally important to the citizens of Georgia. Therefore, the General Assembly has determined that it is in the best interests of the state and its citizenry to undertake an evaluation of the child support guidelines on a continuing basis. The General Assembly declares that it is important that all of Georgia's children are provided with adequate financial support whether the children's parents are living together or not living together. The General Assembly finds that both parents have a continuing obligation with respect to providing financial and emotional stability for their child or children. It is the hope of the members of the General Assembly that all parents work together to advance the best interest of their children."

Law reviews.

- For article on 2005 enactment of this article, see 22 Ga. St. U.L. Rev. 73 (2005).


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