§ 19-11-74.Temporary order
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 § 19-11-74
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.
Interstate support cases can take time. Papers travel between courts, the payer must be located, and a hearing must be set. This section keeps the person owed support from going without in the meantime. At any time after a petition for support is filed and before the final hearing, the court may order a temporary allowance pending a hearing on the merits of the petition.
The court needs a basis to act: satisfactory affidavits or other proof. The word “may” leaves the decision to the judge, who decides whether the proof is satisfactory and whether a temporary allowance is warranted. The section doesn’t set an amount or a formula; it leaves those to the court. The allowance lasts only until the hearing on the merits, when the court decides support under § 19-11-63.
Article 3 handles temporary orders differently in newer cases. Its § 19-11-114 provides that a temporary support order issued ex parte or pending resolution of a jurisdictional conflict doesn’t create continuing, exclusive jurisdiction in the tribunal that issued it.
Frequently Asked Questions
Can I get temporary child support while an interstate case is pending in Georgia?
In a URESA case, the court may order it. This section lets the court, at any time after the petition for support is filed and before the final hearing, order a temporary allowance pending a hearing on the merits, if satisfactory affidavits or other proof support it. The decision is up to the judge.
What proof is needed for a temporary support order under URESA?
Satisfactory affidavits or other proof. The section doesn’t list specific documents; it leaves the judge to decide whether the proof offered is satisfactory. Affidavits — sworn written statements — are named, but other proof can serve too. The judge decides whether the proof is enough.
When can the court order temporary support in a URESA case?
At any time after the petition for support is filed and before the final hearing. The temporary allowance lasts pending the hearing on the merits of the petition. It isn’t available before a petition is filed. The court can act at any point in that window.
Is the court required to award temporary support?
No. The section says the court “may” order a temporary allowance. It is discretionary. Even with affidavits in hand, the judge decides whether they are satisfactory and whether to order anything before the hearing on the merits. A temporary allowance, if ordered, lasts pending the hearing on the merits.
How long does a temporary URESA support order last?
Until the hearing on the merits. The section describes the allowance as one ordered pending that hearing. At the hearing, the court decides whether the respondent owes a duty of support and, under § 19-11-63, may order support and arrearages.
Amendment History
Laws 1958, p. 34, § 32.