§ 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
Full Text of § 19-11-166
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.