19-6-17. Application for child support when custody awarded to nonparent or noncustodial parent was not subject to divorce court’s jurisdiction; procedure; enforcement; judgment.

Whenever the custody of a minor child has been lawfully awarded by any court having jurisdiction thereof to:#

1. (1)

   Any individual other than a parent of such child at any time subsequent to the rendition of a final divorce decree between the parents of such child; or#

2. (2)

   A parent as part of the final divorce decree when the court awarding the decree was unable to obtain jurisdiction over the parent without custody for purposes of a determination as to whether the parent should be bound for support of such child and the court’s decree contains no specific provisions binding the parent without custody for the support of such child,#

3. the parent or other individual to whom the custody of such child is awarded may apply by petition to the superior court in the county where the parent without custody of such child resides for an order and judgment fixing the amount of support money that the parent without custody shall provide in order to fulfill the parent’s natural duty to supply the necessaries of life for such child.

The procedure provided for in this Code section shall be available in cases in which the parent with custody of such child is the petitioner, notwithstanding the fact that the divorce decree and judgment may have been rendered in favor of the parent without custody.#

The petition shall be served upon the respondent. The petition shall be heard by the court unless a jury trial is demanded by either party to the case. The judgment shall be reviewable as in other cases. The order or judgment shall likewise be subject to modification in the event of changed circumstances, under the same terms and conditions as are provided for in other cases of child support granted in connection with the rendition of a final decree in divorce cases.#

The order and judgment of the court shall remain in effect, except as limited by its own restrictions and subsection (c) of this Code section, so long as the petitioner remains in lawful custody of such child and until such child becomes 18 years of age. Execution may be granted to the petitioner for any sums past due under the order and judgment, in accordance with procedures in other cases of judgments for alimony.#

Any payment or installment of support under any child support order is, on and after the date due:#

1. (1)

   A judgment by operation of law, with the full force and effect and attributes of a judgment of this state, including the ability to be enforced;#

2. (2)

   Entitled as a judgment to full faith and credit; and#

3. (3)

   Not subject to retroactive modification.#