§ 19-11-51.Duties enforceable by petition; jurisdiction; venue
Chapter 11. Enforcement of Duty of Support · Article 2. Uniform Reciprocal Enforcement of Support Act · Last amended 1979 · Last verified October 9, 2026
Full Text of § 19-11-51
Plain-English Summary
This section sets three ground rules for the old reciprocal support article. First, all duties of support — including the duty to pay arrearages or reimbursement — are enforceable by petition, irrespective of the relationship between the obligor and the obligee. The remedy isn’t limited to one kind of family tie; what matters is that a duty of support exists, which § 19-11-43 describes. Second, jurisdiction over all proceedings under the article lies in the superior courts of Georgia’s counties. Third, the petition must be commenced in the county where the obligee resides.
The neighboring sections fill in the rest. Section 19-11-52 says what the petition must contain and requires that the obligee be in need of support or that the obligor have failed and refused to provide it. Section 19-11-53 authorizes the district attorney to represent the petitioner, and § 19-11-47 adapts the article for parties in different Georgia counties. The section was amended in 1979.
Article 2 no longer takes new cases. Section 19-11-40.1 bars any new petition or proceeding under it on or after January 1, 1998, and limits it to proceedings pending before that date; the General Assembly intended later filings to be governed by Article 3, the Uniform Interstate Family Support Act. Article 3 spreads the work more widely: under § 19-11-102, the superior courts, the Office of State Administrative Hearings and the Department of Human Services are Georgia’s tribunals, and under § 19-11-120 a petitioner may file in an initiating tribunal for forwarding or directly in a tribunal of another state or a foreign country that has or can obtain personal jurisdiction over the respondent.
Frequently Asked Questions
Which Georgia court heard a URESA support petition?
The superior court. This section vests jurisdiction of all proceedings under the article in the superior courts of Georgia’s counties. For newer interstate cases under Article 3, § 19-11-102 lists the superior courts, the Office of State Administrative Hearings and the Department of Human Services as Georgia’s tribunals.
Where was a URESA petition filed in Georgia?
In the county where the obligee resides. The section says the petition must be commenced in the county of residence of the obligee. Under § 19-11-40.1, though, no new petition may be filed under this article on or after January 1, 1998.
Could URESA be used to collect back support?
Yes. The section makes all duties of support enforceable by petition, expressly including the duty to pay arrearages or reimbursement. Section 19-11-63 then lets the responding court order the respondent to pay arrearages due under an existing court order, or to reimburse reasonable expenses incurred in fact when there was no court order.
Did the obligor have to be a parent or spouse for URESA to apply?
The section makes duties of support enforceable “irrespective of relationship between the obligor and obligee.” What counts is that a duty of support exists. Section 19-11-43 describes the duties the article recognizes, including support of a spouse and of children.
Where is a new interstate support case filed now?
Under Article 3, not this article. Section 19-11-40.1 closed Article 2 to new petitions on January 1, 1998. Under Article 3, § 19-11-120 lets an individual or a support enforcement agency file in an initiating tribunal for forwarding to a responding tribunal, or file directly in a tribunal of another state or a foreign country that has or can obtain personal jurisdiction over the respondent.
Amendment History
Laws 1958, p. 34, § 8; Laws 1979, p. 941, § 1.