§ 19-11-140.Authority of tribunal upon failure to issue support order; temporary child support order

Chapter 11. Enforcement of Duty of Support · Article 3. Uniform Interstate Family Support Act · Part 4. Establishment of Support Order · Last amended 2013 · Last verified October 9, 2026

In one sentenceO.C.G.A. § 19-11-140 lets a Georgia tribunal with personal jurisdiction issue a support order for a person or agency outside Georgia when no recognized order exists, allows temporary child support orders against eight categories of people, and requires an order once a duty of support is found.

Full Text of § 19-11-140

Text sizeJump to: (a) (b) (c)

(a) If a support order entitled to recognition under this article has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if:

(1) The individual seeking the order resides outside this state; or

(2) The support enforcement agency seeking the order is located outside this state.

(b) The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is:

(1) A presumed father of the child;

(2) Petitioning to have his paternity adjudicated;

(3) Identified as the father of the child through genetic testing;

(4) An alleged father who has declined to submit to genetic testing;

(5) Shown by clear and convincing evidence to be the father of the child;

(6) An acknowledged father as provided by applicable state law or the law of a foreign country;

(7) The mother of the child; or

(8) An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.

(c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to Code Section 19-11-124.

End

Plain-English Summary

This section governs the most basic interstate request: “there’s no support order yet — please make one.” It applies only if no support order entitled to recognition under the act has been issued. A Georgia responding tribunal that has personal jurisdiction over the parties may then issue a support order if either the individual seeking the order lives outside Georgia or the support enforcement agency seeking it is located outside Georgia. Personal jurisdiction over a nonresident can rest on any of the bases in § 19-11-110.

Subsection (b) allows a temporary child support order while the case is pending. The tribunal may issue one if it determines the order is appropriate and the person ordered to pay is (1) a presumed father of the child; (2) petitioning to have his paternity adjudicated; (3) identified as the father through genetic testing; (4) an alleged father who has declined to submit to genetic testing; (5) shown by clear and convincing evidence to be the father; (6) an acknowledged father under applicable state law or the law of a foreign country; (7) the child’s mother; or (8) a person ordered to pay child support in an earlier proceeding where the order has not been reversed or vacated. The power is discretionary and covers temporary child support only.

Subsection (c) turns mandatory. Once the tribunal finds, after notice and an opportunity to be heard, that an obligor owes a duty of support, it “shall” issue a support order directed to the obligor. It may also issue other orders under § 19-11-124, such as income withholding, a determination of arrearages, or an order to seek employment. Under § 19-11-122, the amount is set under Georgia law and support guidelines, and § 19-11-124(c) requires the order or accompanying documents to show the calculations. The section was last amended in 2013.

Frequently Asked Questions

Can I get child support from a parent in Georgia if I live in another state?

Yes, if no support order entitled to recognition under the act already exists. A Georgia responding tribunal with personal jurisdiction over the parties may issue a support order when the individual seeking it lives outside Georgia or the agency seeking it is located outside Georgia. Once the tribunal finds a duty of support after notice and an opportunity to be heard, it must issue the order.

Can a court order temporary child support before paternity is decided?

It may, if it finds a temporary order appropriate and the person ordered to pay fits one of eight categories: a presumed father; a man petitioning to have his paternity adjudicated; a man identified as the father through genetic testing; an alleged father who declined genetic testing; a man shown by clear and convincing evidence to be the father; an acknowledged father; the mother; or someone already ordered to pay support in an earlier proceeding whose order stands.

What happens if the alleged father refuses a DNA test?

Refusing doesn’t shield him from a temporary order. One of the eight categories in subsection (b) is an alleged father who has declined to submit to genetic testing. If the tribunal determines a temporary child support order is appropriate, it may order him to pay temporary child support while the case proceeds.

How does a Georgia court decide how much support to order in an interstate case?

Under Georgia law. Section 19-11-122 requires a Georgia responding tribunal to determine the duty of support and the amount payable under Georgia law and support guidelines. Section 19-11-124(c) requires the support order, or the documents with it, to include the calculations on which the order is based.

Can a Georgia court tie child support to visitation in an interstate case?

No. Under § 19-11-124(d), a Georgia responding tribunal may not condition payment of a support order issued under the interstate support article on a party’s compliance with visitation provisions. And § 19-11-103(b)(2) says the article does not give a Georgia tribunal jurisdiction to rule on custody or visitation in a proceeding under it.

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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