§ 19-6-14.Child support and custody pending final divorce; liability to third persons for necessaries
Chapter 6. Alimony and Child Support · Article 1. General Provisions · Last amended 2017 · Last verified October 9, 2026
Full Text of § 19-6-14
Plain-English Summary
A divorce can take months, and children need support and a home in the meantime. This section gives the presiding judge two powers while a divorce action awaits final judgment. First, the judge may grant temporary child support — a sum sufficient for the support of the parties’ children — figured in accordance with § 19-6-15. That section confirms that the child support guidelines apply whenever a court enters a temporary child support order.
Second, the judge may hear and decide who is entitled to the care and custody of the children until the final judgment. That temporary custody ruling lasts only until the case ends; final custody is decided under the custody provisions of Chapter 9 of Title 19, including § 19-9-3.
The section also clears up a liability question. If the judge awards a sum for the children’s support, the parent required to pay it is not liable to third persons for necessaries furnished to the children. That ends, for the paying parent, the default rule in § 19-6-13, which makes each spouse liable to third persons for the children’s necessaries until support is provided. Temporary alimony for a spouse is handled separately under § 19-6-3. The section was last amended in 2017.
Frequently Asked Questions
Can I get child support before the divorce is final in Georgia?
Yes, the judge may award it. Under § 19-6-14, while a divorce action is pending, the presiding judge may grant temporary child support in a sum sufficient for the support of the children of the parties, in accordance with § 19-6-15. The judge decides whether to award it and in what amount.
How is temporary child support calculated in Georgia?
Under the same guidelines as final support. Section 19-6-14 ties temporary support to § 19-6-15, and § 19-6-15(c)(1) says the guidelines must be used whenever the court enters a temporary or permanent child support order. That means the parents’ incomes, the basic child support obligation table, and the guideline adjustments all apply.
Who gets custody of the children while a Georgia divorce is pending?
The judge may decide. Section 19-6-14 lets the presiding judge hear and determine who is entitled to the care and custody of the children until the final judgment in the case. That ruling is temporary; final custody is decided under the custody provisions of Chapter 9 of Title 19, including § 19-9-3.
Am I still liable for my children’s necessaries after temporary support is ordered?
Not to third persons. Section 19-6-14 says that if a sum is awarded for the children’s support, the parent required to pay it is not liable to third persons for necessaries furnished to the children. Before an order, § 19-6-13 makes each spouse liable to third persons for the children’s board, support, and necessaries.
Does a judge have to award temporary child support during a divorce?
The section says the judge “may” grant it, so the decision is discretionary. But when a court does enter a temporary child support order, § 19-6-15(c)(1) requires it to use the child support guidelines, which apply as a rebuttable presumption in all legal proceedings involving a parent’s child support responsibility.
Amendment History
Laws 1870, p. 413, § 1; Laws 1979, p. 466, § 11; Laws 2017, Act 242, § 1-2, eff. July 1, 2017.
Formerly Code 1873, § 1741; Code 1882, § 1741; Civil Code 1895, § 2461; Civil Code 1910, § 2980; Code 1933, § 30-206.