§ 19-11-52.Contents of petition; when cause of action arises
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 § 19-11-52
Plain-English Summary
The petition is the document that travels from the court where the case starts to the court that will decide it, so this section makes sure it carries what that faraway court needs. The petition must be verified. It must state the respondent’s name; the respondent’s address and circumstances, so far as the petitioner knows them; the names of the respondent’s dependents for whom support is sought; and all other pertinent information.
The petitioner may also include or attach anything that helps locate or identify the respondent. The section gives examples without limiting the list: a photograph, a description of distinguishing marks, other names and aliases the respondent has used, the employer’s name, fingerprints and Social Security number. Those details matter because a responding court that can’t find the respondent must hold the case and search (§ 19-11-61).
The last sentence sets a threshold. No cause of action arises unless the obligee is in need of support or the obligor has failed and refused to support the obligee. Either condition is enough, but one of them must exist. The petition is then filed in the obligee’s county under § 19-11-51 and screened by the court under § 19-11-55. Article 2 has been closed to new petitions since January 1, 1998 (§ 19-11-40.1); in Article 3, the Uniform Interstate Family Support Act, § 19-11-130 sets the petition requirements for newer cases.
Frequently Asked Questions
What had to be in a URESA support petition?
The petition had to be verified and state the respondent’s name; so far as known to the petitioner, the respondent’s address and circumstances; the names of the respondent’s dependents for whom support is sought; and all other pertinent information. Newer interstate petitions follow § 19-11-130 in Article 3, since § 19-11-40.1 closed this article to new petitions on January 1, 1998.
Did I need the other parent’s address to file?
Not necessarily. The section requires the respondent’s address and circumstances only “so far as known to the petitioner.” The petitioner could add anything that helps locate or identify the respondent, and the responding court had its own duty to trace a respondent it couldn’t find (§ 19-11-61).
Could the petition include the respondent’s Social Security number or photo?
Yes. The section lets the petitioner include in or attach to the petition any information that may help locate or identify the respondent. Its examples, which don’t limit the list, are a photograph, a description of distinguishing marks, other names and aliases, the employer’s name, fingerprints and Social Security number.
Did the obligee have to prove a need for support?
Need was one of two ways in. The section says no cause of action arises unless the obligee is in need of support or the obligor has failed and refused to support the obligee. Either condition is enough, so a petition could proceed on the obligor’s failure and refusal to pay even without a showing of need.
Did the petition have to be sworn?
Yes. The section says the petition “shall be verified,” which means the petitioner had to swear to its truth. The requirement is mandatory, not optional. An obligor seeking to avoid extradition under § 19-11-48 also had to file a verified petition with the superior court.
Amendment History
Laws 1958, p. 34, § 9.