§ 19-6-17.Application for child support when custody awarded to nonparent or noncustodial parent was not subject to divorce court’s jurisdiction; procedure; enforcement; judgment

Chapter 6. Alimony and Child Support · Article 1. General Provisions · Last amended 2017 · Last verified October 9, 2026

In one sentenceO.C.G.A. § 19-6-17 lets a nonparent who gets custody after a divorce, or a parent whose divorce court never reached the other parent for support, sue that parent for child support, and makes every unpaid installment of any child support order a judgment.

Full Text of § 19-6-17

Text sizeJump to: (a) (b) (c) (d) (e)

(a) Whenever the custody of a minor child has been lawfully awarded by any court having jurisdiction thereof to:

(1) Any individual other than a parent of such child at any time subsequent to the rendition of a final divorce decree between the parents of such child; or

(2) A parent as part of the final divorce decree when the court awarding the decree was unable to obtain jurisdiction over the parent without custody for purposes of a determination as to whether the parent should be bound for support of such child and the court's decree contains no specific provisions binding the parent without custody for the support of such child, the parent or other individual to whom the custody of such child is awarded may apply by petition to the superior court in the county where the parent without custody of such child resides for an order and judgment fixing the amount of support money that the parent without custody shall provide in order to fulfill the parent's natural duty to supply the necessaries of life for such child.

(b) The procedure provided for in this Code section shall be available in cases in which the parent with custody of such child is the petitioner, notwithstanding the fact that the divorce decree and judgment may have been rendered in favor of the parent without custody.

(c) The petition shall be served upon the respondent. The petition shall be heard by the court unless a jury trial is demanded by either party to the case. The judgment shall be reviewable as in other cases. The order or judgment shall likewise be subject to modification in the event of changed circumstances, under the same terms and conditions as are provided for in other cases of child support granted in connection with the rendition of a final decree in divorce cases.

(d) The order and judgment of the court shall remain in effect, except as limited by its own restrictions and subsection (c) of this Code section, so long as the petitioner remains in lawful custody of such child and until such child becomes 18 years of age. Execution may be granted to the petitioner for any sums past due under the order and judgment, in accordance with procedures in other cases of judgments for alimony.

(e) Any payment or installment of support under any child support order is, on and after the date due:

(1) A judgment by operation of law, with the full force and effect and attributes of a judgment of this state, including the ability to be enforced;

(2) Entitled as a judgment to full faith and credit; and

(3) Not subject to retroactive modification.

End

Plain-English Summary

Sometimes a divorce decree leaves no one ordered to pay support. This section fills two such gaps. First, custody may be lawfully awarded to someone other than a parent, such as a grandparent, at any time after the final divorce decree. Second, the decree may award custody to a parent, but the divorce court couldn’t get jurisdiction over the other parent to decide support, and the decree contains no specific provision binding that parent to pay. In either case, the person with custody may petition the superior court in the county where the parent without custody lives for an order fixing support.

A custodial parent may use this procedure even if the divorce decree was granted in favor of the parent without custody. The petition must be served on the respondent. A judge hears it unless either party demands a jury. The judgment is reviewable as in other cases and may be modified for changed circumstances on the same terms as child support awarded with a divorce. The order lasts, subject to its own limits and to modification, as long as the petitioner keeps lawful custody and until the child becomes 18 years of age. The petitioner may get execution for past-due sums, following the procedure for alimony judgments.

Subsection (e) reaches further than the rest of the section. It applies to any child support order, not only orders under this section. Each payment or installment becomes, on and after its due date, a judgment by operation of law with the full force of a Georgia judgment, is entitled to full faith and credit, and can’t be retroactively modified. A court can change support going forward, but it can’t erase what has already come due.

Frequently Asked Questions

Can a grandparent with custody get child support from the parents in Georgia?

Yes, when custody was lawfully awarded to the grandparent or other nonparent after the parents’ final divorce decree. The custodian may petition the superior court in the county where the parent without custody resides for an order fixing the support that parent must pay. Section 19-6-15 governs how support is calculated.

Can past-due child support be forgiven or reduced retroactively in Georgia?

No. Under subsection (e), each payment under any child support order becomes, on and after its due date, a judgment by operation of law and is not subject to retroactive modification. A court can modify future support for changed circumstances, but installments that have already come due stay owed.

Where do I file for child support if the other parent wasn’t part of the divorce support order?

In the superior court of the county where the parent without custody resides. This route is available when the divorce court couldn’t get jurisdiction over that parent to decide support and the decree contains no specific provision binding that parent to pay. The petition must be served on the respondent.

Is there a jury trial in a Georgia child support petition under this section?

Only if one is demanded. The court hears the petition unless either party to the case demands a jury trial. The resulting judgment can be reviewed like judgments in other cases, and it can be modified later for changed circumstances on the same terms as child support awarded with a divorce decree.

How long does a child support order under § 19-6-17 last?

It stays in effect, subject to its own restrictions and to modification, as long as the petitioner remains in lawful custody of the child and until the child becomes 18 years of age. The petitioner may get execution for any past-due amounts under the procedures for alimony judgments.

Amendment History

Laws 1958, p. 204, § 1; Laws 1977, p. 619, § 1; Laws 1979, p. 466, § 32; Laws 1997, p. 1613, § 6; Laws 2017, Act 242, § 1-9, eff. July 1, 2017.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, enacted by the Georgia General Assembly, and checked word for word against the Georgia Code Revision Commission’s public-domain edition and the acts that later amended it. Section headings are the Code’s official catchlines. Last verified October 9, 2026. · Official source

Also known as: nonparent custodian child support georgiagrandparent custody child support georgiaretroactive modification child support georgiapast due child support judgment georgiachild support petition noncustodial parent county