State v. Garrish

McMurray, Presiding Judge.

This case presents a question of first impression: Can a counterclaim for modification of a Uniform Reciprocal Enforcement of Support Act (“URESA”) support order be asserted by the defendant in a URESA contempt proceeding? The answer is “no.”

On January 27, 1989, a consent order for URESA support was entered in the Superior Court of Hall County. Pursuant thereto, defendant David E. Garrish was ordered to pay the sum of $139.20 per week for the support of three minor children. Subsequently, the State of Georgia filed a rule for contempt on behalf of plaintiff Gloria…