§ 19-11-48.When extradition of obligor authorized; how extradition avoided; petition; temporary order of support; delivery of copies of order; suspension of extradition proceedings
Chapter 11. Enforcement of Duty of Support · Article 2. Uniform Reciprocal Enforcement of Support Act · Last amended 1958 · Last verified October 9, 2026
Full Text of § 19-11-48
Plain-English Summary
The first half covers extradition for criminal nonsupport. The Governor may demand that another state’s governor surrender a person found there who is charged in Georgia with the crime of failing to provide for the support of a person in Georgia. The Governor may also, on another governor’s demand, surrender a person found in Georgia who is charged in that state with failing to support a person there. The general extradition provisions apply to these demands so far as they are consistent with this section — even if the person wasn’t in the demanding state when the crime was committed and never fled from it. Nor do the demand, the oath or the proceedings need to show flight from justice or presence in the demanding state.
The second half offers an obligor in Georgia a way out. When another state’s governor demands the obligor’s extradition, the obligor may be relieved of it by submitting to the jurisdiction of the superior court in the Georgia county where he is found and complying with that court’s support order. To submit, the obligor must file a verified petition with five things: his name and permanent address; the names, addresses and ages of his obligees in the demanding state; his financial circumstances; a statement that he is willing to submit to the court and comply with its support order; and any other information he believes is pertinent and material. The court must then make a temporary support order and continue the matter pending further information; two certified copies go to the Governor’s office and one plain copy to the district attorney. The Governor may then, in his discretion, suspend extradition so long as the obligor complies with that order and any later support orders.
Section 19-11-40.1 closed this article to new petitions and proceedings on January 1, 1998, leaving it to govern only proceedings pending before then. Article 3, the Uniform Interstate Family Support Act, has its own rendition provisions. Section 19-11-185 gives the Governor the same power to demand or surrender a person charged criminally with failing to support an obligee, and § 19-11-186 lets the Governor require a prosecutor to show that the obligee started a support proceeding at least 90 days earlier, or that one would be of no avail, before demanding surrender, and lets the Governor decline another state’s demand in some cases, including when a support proceeding has been started and the person is complying with a support order.
Frequently Asked Questions
Can Georgia extradite someone for not paying support?
The Governor may. This section lets the Governor demand that another state surrender a person found there who is charged in Georgia with the crime of failing to provide for the support of a person in Georgia. It’s a discretionary power. Because this article governs only proceedings pending before January 1, 1998 (§ 19-11-40.1), the parallel power for newer matters is in Article 3, at § 19-11-185.
Can I avoid being extradited from Georgia to another state over unpaid support?
This section gives an obligor a path. If another state’s governor demands your extradition, you may be relieved of it by submitting to the jurisdiction of the superior court in the Georgia county where you’re found and complying with its support order. The court makes a temporary support order, and the Governor may, in his discretion, suspend extradition so long as you comply with it and any later support orders.
What goes in the petition to submit to a Georgia court instead of being extradited?
It must be verified and must include five things: your name and permanent address; the names, addresses and ages of your obligees in the demanding state; your financial circumstances; a statement that you’re willing to submit to the Georgia court and comply with its support order; and any other information you believe is pertinent and material.
Does the other state have to prove I fled to extradite me for nonsupport?
No. The section says the extradition provisions apply even if the person wasn’t in the demanding state when the crime was committed and hadn’t fled from it. Neither the demand, the oath nor any extradition proceeding needs to state or show that the person fled from justice or was in the demanding state at the time.
Does a Georgia support order automatically stop extradition?
No. Once the court makes its temporary support order, two certified copies go to the Governor’s office and one plain copy to the district attorney. The Governor may then, in his discretion, suspend extradition proceedings — and only for as long as the obligor complies with the temporary order and any later support orders.
Amendment History
Laws 1958, p. 34, § 5.