§ 19-11-63.Order of support or reimbursement
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 § 19-11-63
Plain-English Summary
This is the section that produces the result in a reciprocal support case. If the court of the responding state finds a duty of support, it may order the respondent to furnish support and to pay arrearages due under any existing court order, or to reimburse reasonable expenses incurred in fact when there was no court order. It may also subject the respondent’s property to the order. Each of these powers is discretionary: the court “may” act once it finds the duty.
The split between arrearages and reimbursement tracks whether an order already existed. If one did, the court can order the respondent to pay what’s past due under it. If none did, the court can order reimbursement — but only of reasonable expenses incurred in fact. The section was amended in 1979. Section 19-11-49 decides which law sets the duty, and § 19-11-43 describes what a duty of support includes. An order here doesn’t replace an earlier divorce or separate maintenance order; under § 19-11-71, amounts paid for a period under either order are credited against both. Section 19-11-64 sends a copy of the order back to the initiating court, and § 19-11-65 gives the court tools to secure compliance.
Article 2 has been closed to new cases since January 1, 1998 (§ 19-11-40.1). In Article 3, the Uniform Interstate Family Support Act, § 19-11-124 lists what a Georgia responding tribunal may do, including establishing or enforcing a support order, determining arrearages and specifying how they’re paid, setting aside property, and placing liens on the obligor’s property.
Frequently Asked Questions
What could a Georgia court order in a URESA case?
If it found a duty of support, the responding court could order the respondent to furnish support and to pay arrearages due under an existing court order, or to reimburse reasonable expenses incurred in fact when there was no court order. It could also subject the respondent’s property to the order.
Could the court order back payment when there was never a support order?
Yes, in a limited form. Where there was no court order, the section lets the court order the respondent to furnish reimbursement for reasonable expenses incurred in fact. Arrearages, by contrast, are tied to amounts due under an existing court order.
Did a URESA order replace the support order in my divorce decree?
No. Under § 19-11-71, a support order issued by a Georgia court acting as the responding state doesn’t supersede an earlier support order from a divorce or separate maintenance action. Amounts paid for a particular period under either order are credited against amounts owed for the same period under both.
Could the court reach the respondent’s property?
Yes. The section says the court “may subject the property of the respondent to such order.” Section 19-11-65 adds other compliance tools, including requiring a cash deposit or bond, setting a payment schedule and punishing violations as contempt. All of these powers are discretionary.
Did the court have to order support once it found a duty?
The section uses “may,” so the court had discretion over whether and how to order support, arrearages or reimbursement after finding a duty of support. The amount and terms depended on the court’s judgment under the governing law (§ 19-11-49).
Amendment History
Laws 1958, p. 34, § 19; Laws 1979, p. 941, § 2.