§ 19-11-186.Prosecutor’s duties upon request by governor; rendition

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. § 19-11-186 lets Georgia’s Governor require proof that support proceedings began at least 90 days earlier, or would be of no avail, before seeking extradition for nonsupport, and lets the Governor investigate, delay or decline another state’s demand.

Full Text of § 19-11-186

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

(a) Before making a demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the Governor of this state may require a prosecutor of this state to demonstrate that at least 90 days previously the obligee had initiated proceedings for support pursuant to this article or that the proceeding would be of no avail.

(b) If, under this article or a law substantially similar to this article, the governor of another state makes a demand that the Governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the Governor of this state may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the Governor of this state may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.

(c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the Governor of this state may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the Governor of this state may decline to honor the demand if the individual is complying with the support order.

End

Plain-English Summary

Section 19-11-185 lets governors demand and surrender people charged criminally with failing to provide support. This section gives Georgia’s Governor tools to make sure civil support proceedings get their chance first. Every power here uses “may,” so each step is the Governor’s choice.

Subsection (a) covers Georgia’s own demands. Before asking another governor to surrender someone charged in Georgia, the Governor may require a Georgia prosecutor to show that the obligee started support proceedings under this article at least 90 days earlier, or that such a proceeding would be of no avail.

Subsection (b) covers demands from other states, made under this article or a law substantially similar to it. The Governor may require a prosecutor to investigate the demand and report whether a support proceeding has been started or would be effective. If a proceeding would be effective but hasn’t been started, the Governor may delay honoring the demand for a reasonable time so one can be filed.

Subsection (c) lets the Governor decline in two situations once a support proceeding has been started. If the person whose rendition is demanded prevails, the Governor may decline to honor the demand. If the petitioner prevails and the person is subject to a support order, the Governor may decline if the person is complying with that order. The section dates to 1997 and was amended in 2013.

Frequently Asked Questions

Will Georgia seek extradition for unpaid child support right away?

Not necessarily. Before demanding that another state surrender a person charged in Georgia with failing to provide support, the Governor may require a prosecutor to show that the obligee started support proceedings under this article at least 90 days earlier, or that such a proceeding would be of no avail. The Governor decides whether to require that showing.

Does a civil support case have to be filed before Georgia asks for extradition?

The Governor may require one. Subsection (a) lets the Governor require a prosecutor to demonstrate that at least 90 days earlier the obligee had initiated support proceedings under this article, or that the proceeding would be of no avail. It is a condition the Governor can impose, not one the statute always demands.

Can Georgia refuse another state’s extradition request for unpaid support?

In some situations. If a support proceeding has been started and the person whose rendition is demanded prevails, the Governor may decline to honor the demand. If the petitioner prevails and the person is subject to a support order, the Governor may decline if the person is complying with it. The Governor may also delay a demand while a support proceeding is started.

If I am paying under a support order, can I still be extradited?

Possibly, but the Governor has room to say no. Subsection (c) says that if a support proceeding was started, the petitioner prevailed and you are subject to a support order, Georgia’s Governor may decline another state’s demand if you are complying with the order. The word is “may,” so compliance doesn’t guarantee a refusal.

What does the prosecutor do when another state asks Georgia to surrender someone for nonsupport?

If the Governor asks, the prosecutor investigates the demand and reports whether a proceeding for support has been started or would be effective. If a proceeding would be effective but hasn’t been started, the Governor may delay honoring the demand for a reasonable time to let one be filed.

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

Also known as: extradition nonsupport conditions georgiagovernor decline extradition child supportinterstate rendition georgia90 days support proceeding before extradition