§ 19-11-135.Physical presence of individual nonresident party not required; admissible evidence

Chapter 11. Enforcement of Duty of Support · Article 3. Uniform Interstate Family Support Act · Part 3. Civil Provisions · Last amended 2013 · Last verified October 9, 2026

In one sentenceO.C.G.A. § 19-11-135 sets special evidence and procedure rules for interstate support cases in Georgia, so an out-of-state party need not appear in person, may testify by phone or video, and may prove facts with sworn documents, certified payment records, bills and faxed papers.

Full Text of § 19-11-135

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j)

(a) The physical presence of a nonresident party who is an individual in a tribunal of Georgia is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child.

(b) An affidavit, a document substantially complying with federally mandated forms, or a document incorporated by reference in any of them, which would not be excluded under the hearsay rule if given in person, is admissible in evidence if given under penalty of perjury by a party or witness residing outside this state.

(c) A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it and is admissible to show whether payments were made.

(d) Copies of bills for testing for parentage of a child, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary.

(e) Documentary evidence transmitted from outside this state to a tribunal of Georgia by telephone, telecopier, or other electronic means that do not provide an original record may not be excluded from evidence on an objection based on the means of transmission.

(f) In a proceeding under this article, a tribunal of Georgia shall permit a party or witness residing outside this state to be deposed or to testify under penalty of perjury by telephone, audiovisual means, or other electronic means at a designated tribunal or other location. A tribunal of Georgia shall cooperate with other tribunals in designating an appropriate location for the deposition or testimony.

(g) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.

(h) A privilege against disclosure of communications between spouses does not apply in a proceeding under this article.

(i) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this article.

(j) A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child.

End

Plain-English Summary

Interstate support cases often involve a parent who lives hundreds of miles away. This section, with ten subsections, makes it possible to try those cases without forcing everyone into one courtroom.

Presence and testimony come first. Under subsection (a), a nonresident individual party need not be physically present in a Georgia tribunal to establish, enforce or modify a support order or to obtain a judgment determining parentage. Under subsection (f), a Georgia tribunal “shall” permit a party or witness living outside Georgia to be deposed or to testify under penalty of perjury by telephone, audiovisual means or other electronic means at a designated tribunal or other location, and must cooperate with other tribunals in designating that location.

Paper evidence gets easier. An affidavit, a document substantially complying with federally mandated forms, or a document incorporated by reference in either is admissible if given under penalty of perjury by an out-of-state party or witness, so long as the hearsay rule wouldn’t exclude it if given in person (subsection (b)). A certified copy of a child support payment record may be forwarded and is admissible to show whether payments were made (subsection (c)). Copies of bills for parentage testing and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten days before trial, are admissible to prove the amount charged and that the charges were reasonable, necessary and customary (subsection (d)). Documents sent electronically can’t be excluded because of how they were sent (subsection (e)). A certified voluntary acknowledgment of paternity is admissible to establish parentage (subsection (j)).

The section also removes three shields. A party who refuses to answer at a civil hearing because the testimony may be self-incriminating may face an adverse inference (subsection (g)). The privilege for communications between spouses does not apply (subsection (h)), and neither does the defense of immunity based on the husband-wife or parent-child relationship (subsection (i)). The section was last amended in 2013.

Frequently Asked Questions

Do I have to travel to Georgia for an interstate child support hearing?

No. Subsection (a) says the physical presence of a nonresident individual party in a Georgia tribunal is not required to establish, enforce or modify a support order or to determine parentage. Subsection (f) requires a Georgia tribunal to let an out-of-state party or witness testify under penalty of perjury by telephone, audiovisual or other electronic means at a designated location.

Can I testify by phone or video in a Georgia interstate support case?

Yes, if you live outside Georgia. Under subsection (f), a Georgia tribunal shall permit a party or witness residing outside the state to be deposed or to testify under penalty of perjury by telephone, audiovisual means or other electronic means at a designated tribunal or other location. The Georgia tribunal must cooperate with other tribunals in choosing an appropriate location.

How do I prove what child support was or wasn’t paid?

With a certified payment record. Under subsection (c), a copy of the record of child support payments, certified as a true copy by the custodian of the record, may be forwarded to the responding tribunal. The copy is evidence of the facts asserted in it and is admissible to show whether payments were made.

When do I have to send medical and paternity test bills to the other side?

At least ten days before trial. Under subsection (d), copies of bills for parentage testing and for prenatal and postnatal health care of the mother and child, furnished to the adverse party by then, are admissible to prove the amount of the charges and that they were reasonable, necessary and customary. Missing that window means losing this shortcut for the bills.

What happens if the other parent pleads the Fifth in a Georgia support hearing?

The trier of fact may hold it against them. Under subsection (g), if a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal. Whether to draw that inference is up to the trier of fact.

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

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