§ 19-11-57.When respondent’s arrest authorized
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 § 19-11-57
Plain-English Summary
A support case is worth little if the respondent disappears before the hearing. This section gives Georgia courts a way to hold the respondent in place, and it works differently depending on Georgia’s role. When a Georgia court acts as the initiating state and has reason to believe the respondent may flee the jurisdiction, it may ask, in the certificate it sends under § 19-11-55, that the responding court obtain the body of the respondent by appropriate process — but only if the responding state’s law permits it. Georgia can ask; it can’t order another state’s court to act.
When a Georgia court acts as the responding state and has reason to believe the respondent may flee, it may obtain the body of the respondent by appropriate process itself. “Obtaining the body” is an old phrase for taking a person into custody, and the official catchline describes the section as authorizing arrest. Both powers are discretionary, and both turn on the same trigger: reason to believe the respondent may flee. The section doesn’t list what process to use.
Article 2 has been closed to new petitions since January 1, 1998 (§ 19-11-40.1). Article 3, the Uniform Interstate Family Support Act, uses a different trigger. Under § 19-11-124(b)(9), a Georgia responding tribunal may order the arrest of an obligor who has failed, after proper notice, to appear at a hearing the tribunal ordered, and may enter the arrest order in local and state computer systems for criminal warrants.
Frequently Asked Questions
Could a court order the arrest of a respondent in a URESA support case?
Yes, if it had reason to believe the respondent might flee. A Georgia court acting as the responding state may obtain the body of the respondent by appropriate process. A Georgia court acting as the initiating state may ask the responding court to do so in its certificate, if the responding state’s law permits it.
Did Georgia’s request bind the other state’s court?
No. The initiating court could only “request” in its certificate that the responding court obtain the respondent’s body, and only “if that is permissible under the law of the responding state.” Whether to act was up to the responding court under its own law.
What does “obtain the body of the respondent” mean?
It means taking the respondent into custody so the person can be brought before the court. The official catchline for this section describes it as authorizing the respondent’s arrest. The section leaves the form of process to “appropriate process” rather than naming a particular writ.
Did the court need proof that the respondent would flee?
The section’s standard is that the court “has reason to believe that the respondent may flee the jurisdiction.” It doesn’t require proof that flight is certain or set any further test. Even when the standard is met, the court “may” act; it isn’t required to.
Can a court order an arrest under the newer UIFSA?
Yes, on a different trigger. Under § 19-11-124(b)(9) in Article 3, a Georgia responding tribunal may issue an order for the arrest of an obligor who has failed, after proper notice, to appear at a hearing the tribunal ordered, and enter that order in local and state computer systems for criminal warrants.
Amendment History
Laws 1958, p. 34, § 14.