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§ 19-11-59.Payment of district attorney’s fee

Chapter 11. Enforcement of Duty of Support · Article 2. Uniform Reciprocal Enforcement of Support Act · Last amended 2008 · Last verified October 9, 2026

In one sentenceO.C.G.A. § 19-11-59 provides that the district attorney’s fee in a URESA case is paid by the Prosecuting Attorneys’ Council of the State of Georgia, from funds appropriated for district attorneys, once the state information agency has approved the payment order.

Full Text of § 19-11-59

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The fee of the district attorney arising under this article shall be paid by the Prosecuting Attorneys' Council of the State of Georgia upon receipt of the order for the payment of such fees that has been approved by the state information agency. Payment shall be made from funds appropriated for the operation of the district attorneys.
End

Plain-English Summary

This short section is the last link in the chain that pays district attorneys for reciprocal support work. The Prosecuting Attorneys’ Council of the State of Georgia pays the district attorney’s fee under the article when it receives an order for payment that the state information agency has approved. The money comes from funds appropriated for the operation of the district attorneys.

The earlier links appear in neighboring sections. Section 19-11-53(b) sets the fee at $50 for each petition handled, paid to the county, whether Georgia is the initiating or the responding state, and says it isn’t paid until an order granting or denying support has been entered. Section 19-11-56 has the court direct that the district attorney’s fee be paid by the state. Section 19-11-58 has the Department of Human Services, as the state information agency, approve each payment order as to form and forward it to the Council. The section was most recently amended in 2008.

Like the rest of Article 2, this section governs only proceedings pending before January 1, 1998; § 19-11-40.1 bars new petitions and proceedings under the article on or after that date. Newer interstate cases fall under Article 3, the Uniform Interstate Family Support Act, which addresses fees and costs in § 19-11-132.

Frequently Asked Questions

Who paid the district attorney in a URESA case?

The Prosecuting Attorneys’ Council of the State of Georgia. It paid the district attorney’s fee under the article on receipt of a payment order approved by the state information agency, using funds appropriated for the operation of the district attorneys.

What had to happen before the district attorney’s fee was paid?

Two things. Under § 19-11-53(b), an order granting or denying support had to be entered first. Then the payment order had to be approved as to form by the state information agency — the Department of Human Services under § 19-11-58 — and forwarded to the Council, which paid on receipt.

Where did the money for the fee come from?

From state funds. The section says payment is made from funds appropriated for the operation of the district attorneys, and § 19-11-56 has the court direct that the district attorney’s fee be paid by the state. The Prosecuting Attorneys’ Council makes the payment once it receives the approved order.

How much was the district attorney’s fee under URESA?

Section 19-11-53(b) sets it at $50 for each petition handled, paid to the county where the petition is handled, whether Georgia is the initiating or the responding state. In counties where the superior court clerk is on a fee basis, the district attorney pays the clerk’s filing and service fees from that sum.

Does this fee arrangement apply to new interstate support cases?

No. Section 19-11-40.1 closed Article 2 to new petitions and proceedings on January 1, 1998, and limits it to proceedings pending before then. Fees and costs in newer interstate cases are governed by § 19-11-132 in Article 3, the Uniform Interstate Family Support Act.

Amendment History

Laws 1958, p. 34, § 15A; Laws 1975, p. 1141, § 2; Laws 1993, p. 1402, § 19; Laws 1994, p. 97, § 19; Laws 2008, Act 564, § 18, eff. July 1, 2008.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, enacted by the Georgia General Assembly, and checked word for word against the Georgia Code Revision Commission’s public-domain edition and the acts that later amended it. Section headings are the Code’s official catchlines. Last verified October 9, 2026. · Official source
Also known as: district attorney fee uresaprosecuting attorneys council fee paymenturesa fee payment georgiawho pays da in support case