Rule 290-7-1-.13. Intergovernmental Child Support Proceedings (UIFSA)

1. (1) The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) mandated that all states adopt the 1993 Uniform Interstate Family Support Act (UIFSA), and the 1996 amendments adopted by the National Conference of Commissioners on Uniform State Laws. The UIFSA was duly enacted by the General Assembly and is codified at O.C.G.A. §§ 19-11-100 through 19-11-192. The UIFSA was created to force uniformity in procedures and law with regard to intergovernmental establishment, enforcement, and modification of child support orders. The most recent updates to UIFSA were made in 2008.
2. (2) The Department is the support enforcement agency in Georgia for all UIFSA actions.

3. (3) Upon request from another state, the Department, as the receiving tribunal, will provide the following services in an UIFSA proceeding:

   1. (a) Take all steps necessary to enable an appropriate court in this state or a tribunal of another state to obtain jurisdiction over the respondent;
   2. (b) Request an appropriate tribunal to set a date, time, and place for a hearing;
   3. (c) Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;
   4. (d) Within seven days after receipt of a written notice from an initiating, responding, or registering court, send a copy of the notice to the petitioner;
   5. (e) Within seven days after receipt of a written communication from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and
   6. (f) Notify the petitioner if jurisdiction over the respondent cannot be obtained.

4. (4) Participation in UIFSA does not create:

   1. (a) relationship of attorney and client; or
   2. (b) a fiduciary relationship between a support enforcement agency (or the attorney for the agency) and the individual being assisted by the agency, nor between the attorney and the referring state.
5. (5) Under UIFSA, the Department proceeds on behalf of the referring state, which in turn may be proceeding on behalf of an individual child or obligee.
6. (6) Through the concept of continuing exclusive jurisdiction (CEJ), the intent of UIFSA is to avoid duplicate actions proceeding at the same time in more than one state and to ensure that there is only one controlling order for child support in existence at any time. No state can modify an order in which Georgia has CEJ, and Georgia cannot modify an order of another state which itself has CEJ.

7. (7) Except as otherwise provided within UIFSA, Georgia substantive and procedural law shall be applied unless exceptions apply, such as the following:

   1. (a) the law of the issuing state governs the nature, extent, amount, and duration of current support payments and other obligations of support under the order; and,
   2. (b) in a proceeding to collect arrears, the statute of limitation under the laws of Georgia or the issuing state applies, whichever is longer.
8. (8) A Georgia court cannot condition the payment of a foreign support order upon compliance with visitation provisions.
9. (9) The filing of a UIFSA proceeding does not create personal jurisdiction over the individual whose interests are being served. If the individual is physically present in Georgia to participate in a UIFSA proceeding, he or she is not subject to service of process. The petitioner's physical presence is not required, and he or she may testify or be deposed by telephone or other electronic means.
10. (10) The defense of non-parentage is disallowed if parentage has previously been determined by another tribunal by or pursuant to law.
11. (11) A party seeking to enforce a support order or an order for income withholding may send it directly to the Department. The Department may use any administrative enforcement procedure available to it under Georgia law without registering the foreign order. If the obligor contests the administrative action, the Department must register the order under O.C.G.A. § 19-11-161. Registration is required in order for the Department to pursue any civil action based upon the foreign order, including a petition for contempt.
12. (12) The Department shall notify the non-registering party of the registration of the foreign order by first class U.S. mail. The non-registering party has 20 days from receipt of the notice to request a hearing on the registration. If no request for a hearing is made within the 20 day period, then the foreign order is confirmed by operation of law.

Authority: O.C.G.A. §§ 19-11-15, 19-11-100 through 19-11-192, 50-13-1 et seq.

History. Original Rule entitled "Fair Hearing Notice Procedure" adopted. F. Oct. 17, 1991; eff. Nov. 6, 1991.

Repealed: New Rule entitled "Intergovernmental Child Support Proceedings (UIFSA)" adopted. F. June 15, 2011; eff. July 5, 2011.

Amended: F. Dec. 9, 2016; eff. Dec. 29, 2016.

Amended: F. Apr. 15, 2026; eff. May 5, 2026.