§ 19-11-170.Requirements for modification; effect on jurisdiction
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 § 19-11-170
Plain-English Summary
This section answers the hardest question in interstate child support: when can Georgia change an order another state issued? If § 19-11-172 doesn’t apply, a Georgia tribunal may modify a registered child support order of another state, on petition and after notice and hearing, if it finds one of two sets of facts.
Under the first, three requirements must all be met: neither the child, nor an obligee who is an individual, nor the obligor lives in the issuing state; the petitioner seeking modification is not a Georgia resident; and the respondent is subject to the Georgia tribunal’s personal jurisdiction. So under this test, a Georgia resident can’t be the one asking for the change. Under the second, Georgia is the residence of the child or of an individual party, the personal jurisdiction of the Georgia tribunal is present, and all individual parties have filed consents in a record in the issuing tribunal for Georgia to modify the order and take over continuing, exclusive jurisdiction.
Once Georgia has authority, modification follows the same requirements, procedures, and defenses that apply to a Georgia order, and the modified order is enforced the same way. But some things can’t change. Georgia may not modify any aspect the issuing state’s law makes nonmodifiable, including how long support lasts. If several orders exist, the controlling order under § 19-11-116 fixes which aspects are nonmodifiable. The law of the state that issued the initial controlling order governs duration, and once the obligor fulfills that duty, Georgia can’t impose a further support obligation.
When Georgia modifies another state’s order, Georgia becomes the tribunal with continuing, exclusive jurisdiction. And a Georgia tribunal keeps jurisdiction to modify its own order if one party lives in another state and the other lives outside the United States, notwithstanding the rest of this section and § 19-11-110(b). Foreign-country orders follow § 19-11-174. The section was last amended in 2013.
Frequently Asked Questions
Can I modify another state’s child support order in Georgia if I live in Georgia?
Not under the first test, which requires a petitioner who is not a Georgia resident, plus no party or child living in the issuing state and a respondent subject to Georgia’s personal jurisdiction. A Georgia resident may still qualify under the second test, which requires that all individual parties have filed consents in a record in the issuing tribunal, or under § 19-11-172 when all individual parties live in Georgia and the child doesn’t live in the issuing state.
Can Georgia change how long child support lasts under an out-of-state order?
No, if the issuing state’s law doesn’t allow it. A Georgia tribunal may not modify any aspect of a child support order that can’t be modified under the issuing state’s law, including the duration of support. The law of the state that issued the initial controlling order governs duration, and once the obligor fulfills that duty, Georgia can’t impose a further support obligation.
Can parents agree to let Georgia modify a child support order from another state?
Yes, under the second test. Georgia must be the residence of the child or of an individual party, the personal jurisdiction of the Georgia tribunal must be present, and all individual parties must have filed consents in a record in the issuing tribunal for Georgia to modify the order and assume continuing, exclusive jurisdiction. The court must still find this after notice and hearing.
Which court has jurisdiction after Georgia modifies another state’s child support order?
Georgia does. On issuing an order modifying a child support order from another state, the Georgia tribunal becomes the tribunal having continuing, exclusive jurisdiction. Under § 19-11-173, the party who obtained the modification must file a certified copy with the issuing tribunal and with each tribunal where the earlier order was registered, within 30 days.
Does Georgia keep jurisdiction over its own child support order if one parent moves abroad?
In one situation, yes. Notwithstanding the rest of this section and § 19-11-110(b), a Georgia tribunal retains jurisdiction to modify its own order if one party resides in another state and the other party resides outside the United States. Otherwise, Georgia’s continuing jurisdiction depends on the rules in § 19-11-114.
Amendment History
Laws 1997, p. 1613, § 33; Laws 2013, Act 224, § 1, eff. July 1, 2013.