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Official Code of Georgia Annotated

Title 19. DOMESTIC RELATIONS · Chapter 11. ENFORCEMENT OF DUTY OF SUPPORT · Article 3. UNIFORM INTERSTATE FAMILY SUPPORT ACT · Part 6. ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER AFTER REGISTRATION

19-11-166. Burden of proof in contesting validity of registered support order; stays.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:#

    1. (1)

      The issuing tribunal lacked personal jurisdiction over the contesting party;#

    2. (2)

      The order was obtained by fraud;#

    3. (3)

      The order has been vacated, suspended, or modified by a later order;#

    4. (4)

      The issuing tribunal has stayed the order pending appeal;#

    5. (5)

      There is a defense under the law of Georgia to the remedy sought;#

    6. (6)

      Full or partial payment has been made;#

    7. (7)

      The statute of limitation under Code Section 19-11-163 precludes enforcement of some or all of the alleged arrearages; or#

    8. (8)

      The alleged controlling order is not the controlling order.#

  2. (b)

    If a party presents evidence establishing a full or partial defense under subsection (a) of this Code section, a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence, and issue temporary or other appropriate orders. Any portion of the registered support order which is not in dispute may be enforced by all remedies available under the laws of Georgia.#

  3. (c)

    If the contesting party does not establish a defense under subsection (a) of this Code section to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 19-11-166, enacted by Ga. L. 1997, p. 1613, § 33; Ga. L. 2013, p. 705, § 1/SB 193.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t18-t19-(v16)-2022-pdf.pdf, Volume V16, 2022 edition, page 1253; merge action: carried; file SHA-256 eddc877da9f2.