§ 19-11-71.Previous support orders not superseded; how payments credited
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 § 19-11-71
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.
A URESA case can produce a support order even when another support order already exists — for example, one entered in the parents’ divorce. This section keeps the two from colliding. An order of support issued by a Georgia court acting as the responding state does not supersede any previous support order issued in a divorce or separate maintenance action. Both orders stay alive.
To keep the payer from paying twice, the section adds a credit rule. Amounts paid for a particular period under either order shall be credited against the amounts accruing or accrued for the same period under both. A payment toward one order for a given period reduces what is owed for that period under the other.
The rule protects both sides. The person owed support keeps the rights in the original divorce or separate maintenance order, and the payer gets credit for every payment. Article 3 has a similar credit rule in § 19-11-118, which applies to multiple child support orders for the same child from Georgia, another state or a foreign country.
Frequently Asked Questions
Does a URESA order cancel my divorce decree’s child support?
No. This section says a support order issued by a Georgia court acting as the responding state does not supersede any previous support order issued in a divorce or separate maintenance action. The earlier order remains in effect alongside the URESA order.
Will I have to pay support twice if there are two orders?
Not for the same period. The section requires amounts paid for a particular period under either order to be credited against the amounts accruing or accrued for that same period under both orders. A payment toward one order for a given period counts toward the other for that period.
How are payments credited when there is a divorce order and a URESA order?
By period. Whatever is paid for a particular period under either order is credited against what is accruing or has accrued for the same period under both. The section ties the credit to matching time periods, not to a running total.
Does this rule apply to orders other than divorce orders?
The section names previous support orders issued in a divorce or separate maintenance action. It doesn’t mention other kinds of earlier orders. In newer cases, § 19-11-118 credits amounts collected for a period under any child support order against amounts owed for the same period under any other child support order for the same child.
What replaces this rule in newer interstate support cases?
Section 19-11-118 in Article 3. It requires a Georgia tribunal to credit amounts collected for a particular period under any child support order against amounts owed for the same period under any other order for the same child, whether issued in Georgia, another state or a foreign country.
Amendment History
Laws 1958, p. 34, § 26.