OCGA § 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

• Library: Code of Georgia
• Edition: 2023
• Currency: Current through 2023-2024 Legislative Session Chapter 353 and 2023 Special Session Chapter 5
• Year: 2023
• Citation: OCGA § 19-6-17

(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.