RulesofCivilProcedure.com Civil Procedure · Every State

§ 19-11-40.1.Effective date for application of article

Chapter 11. Enforcement of Duty of Support · Article 2. Uniform Reciprocal Enforcement of Support Act · Last amended 1997 · Last verified October 9, 2026

In one sentenceO.C.G.A. § 19-11-40.1 closes Georgia’s Uniform Reciprocal Enforcement of Support Act to new cases on or after January 1, 1998, sends those cases to the Uniform Interstate Family Support Act, and limits URESA to proceedings pending before that date.

Full Text of § 19-11-40.1

Text size

No new petition may be filed, nor may any type of proceeding be initiated, under this article on or after January 1, 1998. It is the intent of the General Assembly that any petitions filed or proceedings initiated on or after January 1, 1998, be governed by the provisions of Article 3 of this chapter, the “Uniform Interstate Family Support Act.” The provisions of this article shall apply only to proceedings pending prior to January 1, 1998.
End

Plain-English Summary

This section is the sunset clause for Georgia’s old interstate support law. It does three things. First, no new petition may be filed, nor any type of proceeding initiated, under Article 2 on or after January 1, 1998. Second, the General Assembly states its intent that petitions filed or proceedings initiated on or after that date be governed by Article 3 of Chapter 11, the “Uniform Interstate Family Support Act,” which begins at § 19-11-100. Third, Article 2’s provisions apply only to proceedings pending before January 1, 1998.

The result is a clean line. A case begun before January 1, 1998, and still pending can finish under URESA; anything begun on or after that date proceeds under UIFSA. Georgia kept the URESA article in the Code for those older cases rather than repealing it outright. UIFSA works differently in important ways — for example, it gives the tribunal that issued the controlling child support order continuing, exclusive jurisdiction to modify it in the circumstances § 19-11-114 describes.

For anyone dealing with an interstate support case today, the practical lesson is to look to Article 3. That article covers establishing, enforcing and modifying support across state lines, registering out-of-state orders, and international cases. The section was enacted in 1997 and was formerly numbered § 19-11-40.5.

Frequently Asked Questions

When did Georgia stop using URESA?

For new cases, on January 1, 1998. This section says no new petition may be filed, nor any type of proceeding initiated, under the Uniform Reciprocal Enforcement of Support Act on or after that date. The act still applies to proceedings that were pending before January 1, 1998.

Which law governs an interstate child support case filed in Georgia today?

The Uniform Interstate Family Support Act, Article 3 of Chapter 11, beginning at § 19-11-100. This section states the General Assembly’s intent that any petitions filed or proceedings initiated on or after January 1, 1998, be governed by that act rather than by URESA.

I had a URESA case filed in 1996. Which law applies to it?

If the proceeding was pending before January 1, 1998, the URESA provisions in Article 2 apply to it. This section says those provisions apply only to proceedings pending prior to that date. Any new petition or proceeding started on or after January 1, 1998, falls under the Uniform Interstate Family Support Act.

Can I start a new proceeding under an old URESA order?

Not under URESA. This section bars any new petition or any type of proceeding under Article 2 on or after January 1, 1998. A new enforcement or modification request involving an older interstate order would be governed by the Uniform Interstate Family Support Act, which begins at § 19-11-100.

Why is this section numbered 19-11-40.1?

It was enacted in 1997 and, according to its history note, was formerly numbered § 19-11-40.5. The history note doesn’t say why it was renumbered. In its current place, right after the URESA short title in § 19-11-40, it tells a reader at the start of the article that the act is closed to new cases.

Amendment History

Laws 1997, p. 1613, § 32.

Formerly Code 1981, § 19-11-40.5.

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: uresa repealed georgia 1998uifsa replaced uresa georgiageorgia interstate support january 1 1998uresa pending cases georgia