§ 19-11-69.Spouses competent and compellable to testify
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 § 19-11-69
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.
Ordinarily, the law lets spouses keep some communications between them private. This section switches that protection off for URESA proceedings. Laws attaching a privilege against disclosure of communications between husband and wife don’t apply. Husband and wife are competent witnesses, and either may be compelled to testify to any relevant matter. The section names two matters in particular: marriage and parentage — the facts that often decide whether a duty of support exists.
The reason is practical. In a support case, the spouse or former spouse is often the only person who knows whether a marriage took place or who a child’s father is. Letting one spouse block the other’s testimony would frustrate the purpose of the article.
Article 3 carries the same policy forward. Under § 19-11-135, the privilege against disclosure of communications between spouses doesn’t apply in a proceeding under that article, and the defense of immunity based on the husband-wife or parent-child relationship doesn’t apply either. Section 19-11-70 sets the rules of evidence for URESA hearings.
Frequently Asked Questions
Can my spouse be forced to testify against me in a support case in Georgia?
In a URESA case, yes. This section makes husband and wife competent witnesses who may be compelled to testify to any relevant matter, including marriage and parentage. In newer cases under Article 3, § 19-11-135 also says the spousal communication privilege doesn’t apply.
Does spousal privilege apply in an interstate child support case?
No. In URESA cases, this section makes laws attaching a privilege against disclosure of husband-wife communications inapplicable. For cases under Article 3, the Uniform Interstate Family Support Act, § 19-11-135 likewise says the privilege against disclosure of communications between spouses doesn’t apply.
Can a wife testify about who the father of her child is in a URESA case?
Yes. The section expressly lists parentage as a matter on which husband and wife may be compelled to testify. Neither spouse can invoke the marital communication privilege to keep that testimony out in a proceeding under Article 2. Section 19-11-70 then applies the juvenile-court rules of evidence to the hearing.
What topics can a spouse be required to testify about in a URESA proceeding?
Any relevant matter. The section names marriage and parentage as examples, but the compulsion reaches anything relevant to the support case. The limit is relevance, which the judge decides under the rules of evidence that § 19-11-70 makes applicable. The spousal privilege, though, offers no shelter.
Does this testimony rule apply to all Georgia family cases?
No. It applies to proceedings under Article 2, the Uniform Reciprocal Enforcement of Support Act, which § 19-11-40.1 limits to proceedings pending before January 1, 1998. Article 3 has its own similar rule in § 19-11-135. Other kinds of family cases follow the general evidence rules.
Amendment History
Laws 1958, p. 34, § 24.