§ 19-11-113.Limitation on jurisdiction of Georgia tribunal if action filed in another state or foreign country

Chapter 11. Enforcement of Duty of Support · Article 3. Uniform Interstate Family Support Act · Part 2. Jurisdiction; Cooperation Between States · Last amended 2013 · Last verified October 9, 2026

In one sentenceO.C.G.A. § 19-11-113 decides whether a Georgia tribunal may go forward when cases to establish support are filed in both Georgia and another state or foreign country, turning on which came first, timely jurisdictional challenges and, if relevant, the child’s home state.

Full Text of § 19-11-113

Text sizeJump to: (a) (b)

(a) A tribunal in Georgia may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if:

(1) The petition or comparable pleading in Georgia is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;

(2) The contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and

(3) If relevant, Georgia is the home state of the child.

(b) A tribunal in Georgia may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if:

(1) The petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in Georgia for filing a responsive pleading challenging the exercise of jurisdiction by Georgia;

(2) The contesting party timely challenges the exercise of jurisdiction in Georgia; and

(3) If relevant, the other state or foreign country is the home state of the child.

End

Plain-English Summary

Sometimes each parent files a support case in a different place. This section sorts out which one goes forward when the goal is to establish a support order. It has two mirror-image halves, and in each one all three conditions must be met.

Subsection (a) covers the case where Georgia’s petition came second. A Georgia tribunal may exercise jurisdiction to establish a support order only if: the Georgia petition was filed before the time ran out in the other state or foreign country for filing a responsive pleading challenging that forum’s jurisdiction; the contesting party timely challenges jurisdiction in the other forum; and, if relevant, Georgia is the child’s home state.

Subsection (b) covers the case where Georgia’s petition came first. A Georgia tribunal may not exercise jurisdiction to establish a support order if: the other petition was filed before the time ran out in Georgia for filing a responsive pleading challenging Georgia’s jurisdiction; the contesting party timely challenges jurisdiction in Georgia; and, if relevant, the other state or foreign country is the child’s home state.

The result: the first-filed case goes forward unless the second filing came quickly, the other side objected on time and, where relevant, the second forum is the child’s home state. Code Section 19-11-101(8) defines “home state” as the place where the child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the filing; for a child less than six months old, it is where the child has lived since birth, and temporary absences count toward the period. The section doesn’t define when the home-state prong is “relevant”; the tribunal decides that. This section speaks only to establishing support. Modification turns on continuing, exclusive jurisdiction under Code Section 19-11-114. The section was amended in 2013.

Frequently Asked Questions

What happens if my ex files for child support in another state after I filed in Georgia?

Subsection (b) bars the Georgia tribunal from going forward only if all three of its conditions are met: the other filing came before your ex’s time in Georgia to file a responsive pleading challenging jurisdiction ran out, your ex timely challenged Georgia’s jurisdiction, and, if relevant, the other forum is the child’s home state. Only then may Georgia not exercise jurisdiction.

I filed in Georgia second. Can my Georgia case still go forward?

Only if all three conditions in subsection (a) are met. Your Georgia petition must have been filed before the time to file a responsive pleading challenging jurisdiction expired in the other state or country. The contesting party must timely challenge jurisdiction there. And, if relevant, Georgia must be the child’s home state. The tribunal decides whether each one is satisfied.

What is a child’s home state for child support purposes?

Code Section 19-11-101(8) defines it as the state or foreign country where the child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the petition was filed. For a child less than six months old, it is where the child lived from birth. A temporary absence counts as part of the period.

Does the other side have to object to jurisdiction for this rule to apply?

Yes. Each half of the section requires that the contesting party timely challenge the exercise of jurisdiction in the forum whose case would be set aside — the other forum under subsection (a)(2), or Georgia under subsection (b)(2). Without a timely challenge, that condition fails and the section doesn’t shift the case.

Does this rule decide which state can modify an existing child support order?

No. The section speaks only to jurisdiction to establish a support order when two cases are pending. Modification of an existing child support order turns on continuing, exclusive jurisdiction under Code Section 19-11-114, and Georgia’s power to modify another state’s order is governed by Code Section 19-11-170.

Amendment History

Laws 1997, p. 1613, § 33; Laws 2013, Act 224, § 1, eff. July 1, 2013.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, enacted by the Georgia General Assembly, and checked word for word against the Georgia Code Revision Commission’s public-domain edition and the acts that later amended it. Section headings are the Code’s official catchlines. Last verified October 9, 2026. · Official source

Also known as: simultaneous child support cases two stateschild support filed in two states georgiahome state child supportuifsa competing petitionswhich state hears child support case