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

Chapter 11. Enforcement of Duty of Support · Article 3. Uniform Interstate Family Support Act · Part 6. Enforcement and Modification of Support Order After Registration · Last amended 2013 · Last verified October 9, 2026

In one sentenceO.C.G.A. § 19-11-166 lists the eight defenses a party may prove to defeat or limit a registered out-of-state or foreign support order in Georgia, and tells the court what to do when a defense succeeds or fails.

Full Text of § 19-11-166

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

(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) The issuing tribunal lacked personal jurisdiction over the contesting party;
(2) The order was obtained by fraud;
(3) The order has been vacated, suspended, or modified by a later order;
(4) The issuing tribunal has stayed the order pending appeal;
(5) There is a defense under the law of Georgia to the remedy sought;
(6) Full or partial payment has been made;
(7) The statute of limitation under Code Section 19-11-163 precludes enforcement of some or all of the alleged arrearages; or
(8) The alleged controlling order is not the controlling order.
(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.
(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.
End

Plain-English Summary

This section sets the rules for a hearing on a registered support order. The party contesting the order’s validity or enforcement, or seeking to vacate the registration, has the burden of proving one or more of eight defenses: the issuing tribunal lacked personal jurisdiction over the contesting party; the order was obtained by fraud; a later order has vacated, suspended, or modified it; the issuing tribunal has stayed the order pending appeal; Georgia law provides a defense to the remedy sought; full or partial payment has been made; the statute of limitation under § 19-11-163 bars enforcement of some or all of the alleged arrearages; or the alleged controlling order isn’t the controlling order.

The list matters for what it leaves out. None of the eight defenses is a claim that the original amount was unfair or that circumstances have changed — those are modification questions, which Part 6 handles separately starting with § 19-11-168.

If a party presents evidence establishing a full or partial defense, the tribunal may stay enforcement of the registered order, continue the proceeding so more evidence can be produced, and issue temporary or other appropriate orders. These are choices for the judge, not automatic results. Any undisputed portion of the order may still be enforced by all remedies available under Georgia law, so a partial defense doesn’t freeze the whole order.

If the contesting party doesn’t establish a defense, the registering tribunal shall issue an order confirming the registered order. Under § 19-11-167, confirmation then bars further contest on any matter that could have been raised at registration. Hague convention orders use a different list of grounds, found in § 19-11-184.3. The section was last amended in 2013.

Frequently Asked Questions

What defenses can I raise against an out-of-state child support order registered in Georgia?

Eight: the issuing tribunal lacked personal jurisdiction over you; the order was obtained by fraud; a later order vacated, suspended or modified it; the issuing tribunal stayed it pending appeal; Georgia law gives a defense to the remedy sought; full or partial payment was made; the statute of limitation under § 19-11-163 bars some or all of the arrears; or the alleged controlling order isn’t the controlling order. You bear the burden of proving it.

Who has the burden of proof when contesting a registered support order in Georgia?

The party contesting it. Anyone 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 eight defenses this section lists. If the contesting party doesn’t establish a defense, the registering tribunal shall issue an order confirming the registered order.

Can I argue that out-of-state child support is too high when it’s registered in Georgia?

Not as a defense under this section. The eight listed defenses deal with jurisdiction, fraud, later orders, stays, defenses to the remedy under Georgia law, payment, the statute of limitation and the controlling order. A request to change the amount is a modification issue, which requires registering the child support order for modification under § 19-11-168 and meeting § 19-11-170 or § 19-11-172.

What can the court do if I prove I already paid part of the support?

Full or partial payment is one of the listed defenses. If you present evidence establishing a full or partial defense, the tribunal may stay enforcement, continue the proceeding for more evidence, and issue temporary or other appropriate orders. Any portion of the registered order that isn’t in dispute may still be enforced by all remedies available under Georgia law.

Does contesting a registered support order stop all enforcement in Georgia?

Not automatically. If a party presents evidence establishing a full or partial defense, the tribunal may stay enforcement, but it isn’t required to. Even then, any portion of the registered support order that isn’t in dispute may be enforced by all remedies available under Georgia law.

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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