RulesofCivilProcedure.com Civil Procedure · Every State

§ 19-11-66.Determination of paternity

Chapter 11. Enforcement of Duty of Support · Article 2. Uniform Reciprocal Enforcement of Support Act · Last amended 1977 · Last verified October 9, 2026

In one sentenceO.C.G.A. § 19-11-66 lets a Georgia court hearing an older reciprocal support case decide a man’s defense that he is not the child’s father — by jury if either party demands one — or postpone the support hearing until paternity is settled.

Full Text of § 19-11-66

Text size

If the obligor asserts as a defense that he is not the father of the child for whom support is sought and it appears to the court that the defense is not frivolous and if both of the parties are present at the hearing or if the proof required in the case indicates that the presence of either or both of the parties is not necessary, the court may adjudicate, by a jury trial if demanded by either party, the paternity issue. Otherwise the court may continue the hearing until the paternity issue has been adjudicated.
End

Plain-English Summary

This section belongs to Article 2, Georgia’s version of the Uniform Reciprocal Enforcement of Support Act (URESA). Under § 19-11-40.1, no new petition may be filed and no new proceeding may begin under Article 2 on or after January 1, 1998; the article applies only to proceedings pending before that date. Interstate support cases begun since then fall under Article 3, the Uniform Interstate Family Support Act, which starts at § 19-11-100.

This section deals with a common defense in a support case: the man ordered to pay says he is not the child’s father. The court may decide that question itself when two conditions are met. The defense must not appear frivolous to the court. And either both parties must be present at the hearing, or the proof the case requires must show that the presence of one or both of them isn’t needed. When those conditions are met, the court may adjudicate paternity, and either party may demand a jury trial on the question.

If the conditions aren’t met, the court may continue the support hearing until the paternity issue has been adjudicated. Both choices use “may,” so the judge has discretion over which path to take. The section doesn’t say what becomes of a defense the court finds frivolous; it only gives the court these options when the defense has substance.

Article 3 handles paternity differently. Under § 19-11-141, a Georgia tribunal authorized to determine parentage may serve as a responding tribunal in a parentage case, and under § 19-11-134 a party whose parentage has already been determined by or pursuant to law cannot plead nonparentage as a defense.

Frequently Asked Questions

Can a man deny he is the father in a URESA support case in Georgia?

Yes. This section lets the obligor raise nonpaternity as a defense. If the court finds the defense isn’t frivolous, and either both parties are at the hearing or the required proof shows their presence isn’t needed, the court may decide paternity itself. Otherwise it may continue the support hearing until paternity has been adjudicated. In newer cases under Article 3, § 19-11-134 bars the defense when parentage was already determined by or pursuant to law.

Is there a jury trial on paternity in a URESA case?

There can be. When the court decides to adjudicate the paternity issue under this section, it does so by a jury trial if either party demands one. If no one demands a jury, the judge decides. The right to demand a jury belongs to both sides — the man denying paternity and the person seeking support.

Do both parents have to be at the hearing for the court to decide paternity?

Not always. The court may decide paternity if both parties are present at the hearing, or if the proof required in the case indicates that the presence of either or both of them isn’t necessary. If neither condition is met, the court may instead continue the hearing until the paternity issue has been adjudicated.

What happens to the support hearing while paternity is being decided?

If the court doesn’t decide paternity at the hearing, it may continue — postpone — the hearing until the paternity issue has been adjudicated. The section makes this discretionary: it says the court “may” continue the hearing. Support can then be addressed once the question of fatherhood has an answer.

Does this paternity rule apply to a child support case filed today?

No. Under § 19-11-40.1, no new petition may be filed or proceeding begun under Article 2 on or after January 1, 1998. Newer interstate cases fall under Article 3, the Uniform Interstate Family Support Act. There, § 19-11-141 lets a Georgia tribunal authorized to determine parentage act as a responding tribunal in a parentage case.

Amendment History

Laws 1977, p. 699, § 1.

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: uresa paternity defensenot the father defense support georgiapaternity jury trial georgiadeny paternity child support georgia