Georgia can change another state’s child support order only where the Uniform Interstate Family Support Act allows. Otherwise the request belongs in the issuing state while a parent or the child lives there, and if all have left, generally in the other parent’s state.
Registering the Order
Under OCGA 19-11-168, a parent seeking to modify another state’s order “shall register that order in Georgia”; the petition, filed then or later, “must specify the grounds for modification.”
When Georgia Can Act
Under OCGA 19-11-170(a) and 19-11-172(a), Georgia may modify only if (1) both parents and the child have left the issuing state, the parent asking lives outside Georgia, and the other parent is subject to Georgia jurisdiction; (2) the child lives in Georgia or a parent is subject to Georgia jurisdiction, and both parents consented in writing in the issuing state’s court; or (3) both parents live in Georgia and the child has left the issuing state.
In Ross v. Ross, 302 Ga. 39 (2017), a Coweta County mother asked a Georgia court to increase a Connecticut order and served the father while he was visiting the children here. The Georgia Supreme Court reversed the refusal to dismiss: he still lived in Connecticut, and neither parent had consented, so “she must do so through proceedings in the Connecticut court.”
What Georgia Cannot Change
Even when Georgia may act, it cannot change what the issuing state’s law makes unmodifiable, “including the duration of the obligation of support.” OCGA 19-11-170(c). In Serluco v. Taggart, 357 Ga. App. 296 (2020), after both parents moved from New Jersey to Georgia, a DeKalb County court set support to end at age 20 under Georgia law. The Court of Appeals vacated the whole order because the trial court had not applied UIFSA or New Jersey law, without deciding whether age 20 was allowed.
Enforcement is easier, as our post on enforcing child support across state lines explains.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!