§ 19-6-13.Liability of parents for necessaries furnished to children pending voluntary provision or court order
Chapter 6. Alimony and Child Support · Article 1. General Provisions · Last amended 1979 · Last verified October 9, 2026
Full Text of § 19-6-13
Plain-English Summary
This section protects people who care for or supply children before support has been sorted out. Until support is provided for voluntarily, or by a court’s decree or order, each spouse is liable to third persons for the board and support of the couple’s children and for all necessaries furnished to the children or for their benefit.
“Each party” means both spouses carry this liability, not only one. And it runs to “third persons” — people outside the marriage who furnish board, support, or necessaries. The statute does not define necessaries or list examples, so whether a particular item qualifies is for the court to decide.
The liability lasts only “until otherwise provided.” Once support is arranged voluntarily or ordered by a court, this default gives way. Two related sections spell out the effect of a support order: under § 19-6-14, a parent ordered to pay temporary child support while a divorce is pending is not liable to third persons for necessaries furnished to the children, and § 19-6-15(c)(3) says the same of a parent ordered to pay child support. The underlying duty to support a child comes from § 19-7-2.
Frequently Asked Questions
Am I responsible for my child’s bills while we are separated in Georgia?
Yes, to third persons, until support is arranged. Under § 19-6-13, until support is provided voluntarily or by a court’s decree or order, each spouse is liable to third persons for the board and support of the couple’s children and for all necessaries furnished to them or for their benefit.
Who can collect from a parent under § 19-6-13?
Third persons — people outside the marriage who furnish board, support, or necessaries to the couple’s children or for their benefit. The section makes each spouse liable to them until support is otherwise provided voluntarily or by a court’s decree or order.
When does a parent’s liability to third persons for necessaries end?
When support is otherwise provided, either voluntarily or by a decree or order of a court. Section 19-6-14 adds that a parent ordered to pay temporary child support while a divorce is pending is not liable to third persons for necessaries furnished to the children, and § 19-6-15(c)(3) says the same about a parent ordered to pay child support.
Does § 19-6-13 apply to both parents?
Yes. The section says “each party shall be liable” to third persons for the board, support, and necessaries furnished to the parties’ children. Neither spouse escapes the liability before support is arranged voluntarily or by a court order. Once a court orders a parent to pay support, §§ 19-6-14 and 19-6-15(c)(3) relieve that parent of liability to third persons for necessaries.
What counts as “necessaries” for a child in Georgia?
Section 19-6-13 does not define the term. It covers board and support and “all necessaries furnished to or for the benefit of the parties’ children,” but gives no list. Whether a particular item qualifies would be decided by a court on the facts.
Amendment History
Laws 1979, p. 466, § 19.
Formerly Code 1863, § 1696; Code 1868, § 1739; Code 1873, § 1749; Code 1882, § 1749; Civil Code 1895, § 2469; Civil Code 1910, § 2988; Code 1933, § 30-215.