§ 19-11-185.“Governor” defined; authority

Chapter 11. Enforcement of Duty of Support · Article 3. Uniform Interstate Family Support Act · Part 8. Interstate Rendition · Last amended 2013 · Last verified October 9, 2026

In one sentenceO.C.G.A. § 19-11-185 lets Georgia’s Governor demand that another state hand over a person charged in Georgia with failing to provide support, or, on another state’s demand, surrender someone that state has charged with that crime, even if the person never fled.

Full Text of § 19-11-185

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

(a) For purposes of this part, the term “governor” includes an individual performing the functions of governor or the executive authority of a state covered by this article.

(b) The Governor of this state may:

(1) Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or

(2) On the demand of the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.

(c) A provision for extradition of individuals not inconsistent with this article applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom.

End

Plain-English Summary

This section opens Part 8 of Georgia’s Uniform Interstate Family Support Act, on interstate rendition — the surrender of a person from one state to another to face criminal charges. Here the charge is failing to provide for the support of an obligee. Subsection (a) defines “governor” broadly to include anyone performing the functions of governor, or the executive authority of a state covered by the article. “State” in this article includes the District of Columbia, Puerto Rico, the United States Virgin Islands, U.S. territories and insular possessions, and Indian nations and tribes (§ 19-11-101).

Subsection (b) runs both ways. Georgia’s Governor may demand that another state’s governor surrender a person found there who is charged criminally in Georgia with failing to provide support. And on another governor’s demand, Georgia’s Governor may surrender a person found in Georgia who is charged criminally in that state with the same failure. Both powers use “may,” so the Governor decides. The section doesn’t list the crimes it reaches; in Georgia, § 19-10-1 makes it a crime for a parent to willfully and voluntarily abandon a child, leaving the child in a dependent condition.

Subsection (c) removes an obstacle. Any extradition provision not inconsistent with this article applies to the demand even if the person was not in the demanding state when the crime was allegedly committed and has not fled from it. A parent can fail to support a child from hundreds of miles away, and this rule lets the charging state reach that parent anyway. Section 19-11-186 adds conditions the Governor may impose before demanding or honoring a surrender. The section dates to 1997 and was amended in 2013.

Frequently Asked Questions

Can someone be extradited to Georgia for not paying child support?

Yes, if the person is charged criminally in Georgia. Under this section, Georgia’s Governor may demand that the governor of another state surrender a person found there who is charged criminally in Georgia with having failed to provide for the support of an obligee. The Governor decides whether to make the demand, and § 19-11-186 lets the Governor first require a prosecutor to show certain things.

Can Georgia send someone to another state for unpaid support?

Yes. On the demand of another state’s governor, Georgia’s Governor may surrender a person found in Georgia who is charged criminally in that state with having failed to provide for the support of an obligee. The word is “may,” so surrender isn’t automatic, and § 19-11-186 lets the Governor investigate, delay or decline in some situations.

Does a person have to flee the state to be extradited for nonsupport?

No. Subsection (c) says an extradition provision not inconsistent with this article applies even if the person whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled from it. A parent living in another state the whole time can still be demanded.

Is the Governor required to extradite a parent who owes support?

No. Both the power to demand and the power to surrender use “may,” leaving the decision to the Governor. Section 19-11-186 lets the Governor require a showing that support proceedings began at least 90 days earlier or would be of no avail, delay honoring another state’s demand, or decline it if the person prevailed in a support proceeding or is complying with a support order.

Does this rule apply to tribal nations and U.S. territories?

Yes. “Governor” includes anyone performing the functions of governor or the executive authority of a state covered by this article. Under § 19-11-101, “state” includes the District of Columbia, Puerto Rico, the United States Virgin Islands, any U.S. territory or insular possession, and an Indian nation or tribe.

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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