§ 19-7-46.2.Temporary order of support
Chapter 7. Parent and Child Relationship Generally · Article 3. Determination of Paternity · Last amended 1997 · Last verified October 9, 2026
Full Text of § 19-7-46.2
Plain-English Summary
Paternity cases take time, and children need support in the meantime. This section answers that. On a party’s motion in a paternity action, the court “shall” issue a temporary support order under the guidelines in § 19-6-15 if there is clear and convincing evidence of paternity. The order lasts until an administrative or court determination of parentage.
The money doesn’t go straight to the other parent. All payments under the temporary order are paid to the court, which deposits them in a separate account at a bank approved as a federal depository. The bank holds the money as a special escrow fund and, except as this section provides, may not pay any of it to any party. Each full payment into escrow discharges the putative father’s duty to pay that ordered amount, so he isn’t in arrears while the money sits there.
The final judgment decides where the money goes. If the court finds that the alleged putative father is the father, it must order the escrowed amount paid to the appropriate person or entity, with any interest that has accrued. If it finds he is not the father, the escrowed amount goes back to him, with any accrued interest. The design protects both sides: the child’s support accumulates, and a man who turns out not to be the father gets his money back. The section has stood unchanged since its 1997 enactment.
Frequently Asked Questions
Can I get child support before paternity is decided in Georgia?
Yes, a temporary order. On motion by a party to a paternity action, the court shall issue a temporary support order under the § 19-6-15 guidelines if there is clear and convincing evidence of paternity. The order lasts until an administrative or court determination of parentage. But the payments are held in escrow, not paid to you, until the case ends.
Where do temporary child support payments go in a Georgia paternity case?
To the court. The court deposits them in a separate account at a bank approved as a federal depository, which holds them as a special escrow fund. Except as the section provides, the bank may not distribute any part of the payments to any party while the case is pending.
What happens to the escrowed support if DNA proves he is the father?
On a final judgment that the alleged putative father is the father, the court must order the escrowed amount paid to the appropriate person or entity, along with any interest that has accrued. That might be the custodial parent or, in some cases, an agency entitled to the support.
What if the man paying temporary support turns out not to be the father?
On a final judgment that he is not the father, the amount held in the special escrow fund is returned to him, along with any interest that has accrued. Because the money stayed in escrow, there is nothing to claw back from the other party.
Does paying into escrow count as paying child support?
Yes. Each full payment into the escrow account discharges the putative father’s duty to pay the ordered child support amount. The section speaks of each “full payment,” so paying the full ordered amount into escrow matters. When the case ends, the escrowed money goes to the appropriate person if he is the father, or back to him if he is not.
Amendment History
Laws 1997, p. 1613, § 21.