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19-6-17 G
*** CODE SECTION *** 10/15/99
19-6-17.
(a) Whenever the custody of a minor child or children has been
lawfully awarded by any court having jurisdiction thereof to:
(1) Any person other than a parent of the children at any time
subsequent to the rendition of a final divorce decree between the
father and mother of the children; or
(2) A parent as part of the final divorce decree where 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 the child or
children and the court's decree contains no specific provisions
binding the parent without custody for the support of the child or
children,
the parent or other person to whom the custody of the child or
children is awarded may apply by petition to the superior court in
the county where the parent without custody of the child or children
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 the
child or children.
(b) The procedure provided for in this Code section shall be
available in cases in which the parent with custody of the children
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; it 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 permanent alimony for the
support of children 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
the child or children and until they become 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.