§ 19-11-43.Duty of support defined; criteria for determining existence of duty of support
Chapter 11. Enforcement of Duty of Support · Article 2. Uniform Reciprocal Enforcement of Support Act · Last amended 1988 · Last verified October 9, 2026
Full Text of § 19-11-43
Plain-English Summary
For Article 2, the Uniform Reciprocal Enforcement of Support Act, a “duty of support” includes any support duty imposed or imposable by law or by a court order, decree or judgment, whether interlocutory or final, and whether it arose in a divorce, a judicial (legal) separation, a separate maintenance case or otherwise. In deciding whether a duty exists, a court may consider the six criteria the section lists, and the list is expressly without limitation.
The first criterion covers spouses and minor children. A person in one state is declared liable for the support of his or her spouse, in line with Georgia’s support laws, and of any children under 18 years of age residing or found in the same state or another state with substantially similar or reciprocal laws. If the person has sufficient means or can earn them, the court with jurisdiction of the respondent may require a fair and reasonable sum according to those means. A divorce or separation decree anywhere does not end the duty: the obligor remains liable for support of any dependent child of the marriage, whether or not alimony or child support was awarded.
The second criterion reaches adult children. Parents are declared severally liable for the support of a child 18 years of age or older whenever the child is unable to maintain himself or herself and is likely to become a public charge. The next three deal with parentage and marriage. A child born to parents who went through a civil or religious marriage ceremony, before or after the birth, is the legitimate child of both, regardless of whether the marriage was valid. A child born to parents who held themselves out as husband and wife under a common-law marriage valid in both the initiating and responding states is likewise legitimate, and such a common-law marriage counts as valid for this article. Finally, a person adjudicated by a competent court as the parent of a child born out of wedlock owes support as if the child were legitimate.
The section applies only to proceedings under Article 2, and § 19-11-40.1 limits those to cases pending before January 1, 1998. Interstate cases filed since then use the Uniform Interstate Family Support Act, which defines “duty of support” separately in § 19-11-101.
Frequently Asked Questions
Does a divorce end a parent’s duty to support a child under URESA?
No. The section says that even if either spouse has obtained a final decree of divorce or separation, or a decree dissolving the marriage, in any state, the obligor is deemed legally liable for the support of any dependent child of the marriage under this article. That holds whether or not there has been an award of alimony or support for the children.
Could URESA require support for a child over 18?
Yes, in a narrow situation. The parents are declared severally liable for the support of a child 18 years of age or older, residing or found in the same state or another state with substantially similar or reciprocal laws, whenever the child is unable to maintain himself or herself and is likely to become a public charge.
If our marriage was invalid, is our child still legitimate for support purposes?
Under this article, yes. A child born to parents who, at any time before or after the birth, entered into a civil or religious marriage ceremony is deemed the legitimate child of both parents, regardless of the validity of the marriage. That lets the duty of support reach both parents.
Does URESA recognize common-law marriage?
Only if the common-law marriage is recognized as valid by the laws of both the initiating state and the responding state. Such a marriage is then deemed valid for purposes of this article, and a child born to parents who held themselves out as husband and wife under it is deemed the legitimate child of both.
How much support could a court order under URESA?
A fair and reasonable sum according to the obligor’s means, as determined by the court with jurisdiction of the respondent. The section ties this to whether the person has sufficient means or is able to earn them. The amount was a matter for the court’s judgment. This article now applies only to proceedings pending before January 1, 1998.
Amendment History
Laws 1958, p. 34, § 2; Laws 1979, p. 466, § 45; Laws 1988, p. 1720, § 12.