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2018 Georgia Code 19-11-10 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 19-11-10 Case Law from Google Scholar Amendments to OCGA 19-11-10

TITLE 19 DOMESTIC RELATIONS

Section 11. Enforcement of Duty of Support, 19-11-1 through 19-11-191.

ARTICLE 1 CHILD SUPPORT RECOVERY ACT

19-11-10. Investigation to determine ability to support; notification of parent; information forms; penalty for falsifying parents' report.

  1. In cases in which a parent's obligation to support has not already been established by a court order, the department may conduct investigations to determine whether a responsible parent is able to support the dependent child receiving public assistance. The department shall notify the parents of any such planned investigation.
  2. The department shall notify the parent of his legal duty to support his child or children and shall request information concerning his financial status in order to determine whether he is financially able to provide support.
  3. The notice shall inform the parent that he may be liable for reimbursement of any support furnished prior to determination of his financial circumstances as well as future support.
  4. Information requested shall be submitted on forms prescribed by the department and shall contain a sworn declaration of income, resources, and other matters bearing on the parent's ability to provide support. The department shall review the forms returned by each obligor and supplement the information provided therein, where required.
  5. Any person who knowingly falsifies the parent's report of his income and resources shall be punished as for false swearing.

(Ga. L. 1973, p. 192, §§ 9, 10; Ga. L. 1976, p. 1537, § 8.)

Cross references.

- Penalty for false swearing, § 16-10-71.

Law reviews.

- For annual survey of law of domestic relations, see 38 Mercer L. Rev. 179 (1986).

JUDICIAL DECISIONS

Parent must be informed of duty to support.

- When parents are divorced and custody is awarded to one parent, the parent not having custody must be notified by the state of his or her duty to support and of the application for Aid to Families with Dependent Children payments even when the department does not make an investigation of the parent's ability to support under O.C.G.A. § 19-11-10. Burns v. Swinney, 252 Ga. 461, 314 S.E.2d 440 (1984).

When parents are divorced and custody is awarded to one parent, when the parent not having custody has not been ordered by any court to pay child support, and when the nonpaying parent's address is known or can be ascertained, the state must notify the parent of the duty of support and of the application for Aid to Family for Dependent Children payments before such parent becomes obligated to reimburse the state for such payment. Department of Human Resources v. Johnson, 175 Ga. App. 610, 333 S.E.2d 845 (1985).

No recovery by department against putative father.

- Department was not entitled to recover public assistance payments from putative father since his obligation to support had not been established by a court order, and there had not even been an adjudication of paternity. Gresham v. Georgia Dep't of Human Resources, 257 Ga. 747, 363 S.E.2d 544 (1988).

Notice to alleged father of duty to support.

- Department of Human Resources may not recover public assistance payments made on the child's behalf prior to the defendant's first receiving notice that the Department of Human Resources intends to hold him liable. Gresham v. Georgia Dep't of Human Resources, 257 Ga. 747, 363 S.E.2d 544 (1988).

Agreement that each parent supports only child in his/her custody not enforceable.

- When divorced parents agree to the terms of a divorce settlement in which each parent has custody of one of two children and therefore no obligation to pay child support, this term of the agreement is not enforceable, and the Department of Human Resources may obtain reimbursement from the father for aid to families with dependent children payments for maintenance of the child in the mother's custody. Collins v. Collins, 172 Ga. App. 748, 324 S.E.2d 475 (1985).

Cited in Young v. Department of Human Resources, 148 Ga. App. 518, 251 S.E.2d 578 (1978); Cox v. Cox ex rel. State Dep't of Human Resources, 255 Ga. 6, 334 S.E.2d 683 (1985); Pirkle v. Department of Human Resources, 178 Ga. App. 719, 344 S.E.2d 520 (1986).

RESEARCH REFERENCES

Am. Jur. 2d.

- 79 Am. Jur. 2d, Welfare Laws, §§ 17 et seq., 80.

ALR.

- Power of divorce court, after child attained majority, to enforce by contempt proceedings payment of arrears of child support, 32 A.L.R.3d 888.

Cases Citing O.C.G.A. § 19-11-10

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Burns v. Swinney, 314 S.E.2d 440 (Ga. 1984).

Cited 12 times | Published | Supreme Court of Georgia | Apr 18, 1984 | 252 Ga. 461

...Cromartie, Jr., for appellant. Michael J. Bowers, Attorney General, Ralph M. Hinman, Mary Foil Russell, for appellees. HILL, Chief Justice. This is a child support recovery case. We granted certiorari to determine whether the Court of Appeals correctly interpreted OCGA § 19-11-10 (Code Ann....
...The mother defended on the grounds, among others, that she had met her support obligations, that the father was gainfully employed during the period in question, that the children were not eligible for AFDC benefits, and that she had not been given notice pursuant to OCGA § 19-11-10 (Code Ann. § 99-909b), supra. The trial court ordered the mother to repay the state half the amount sought, $485, [1] and the Court of Appeals affirmed, holding OCGA § 19-11-10 (Code Ann....
...the child support statutes, or other appropriate state and federal statutes to assure that the responsible parent supports the child." OCGA § 19-11-9 (a) (Code Ann. § 99-908b) provides: "The department shall attempt to locate absent parents." OCGA § 19-11-10 (Code Ann....
...§ 99-918b) provides: "The procedures, actions, and remedies provided in this article shall in no way be exclusive but shall be in addition to and not in substitution of other proceedings provided by law." The Court of Appeals held that the notice requirement of OCGA § 19-11-10 (b) (Code Ann. § 99-909b), supra, is inapplicable where the department does not make an investigation, authorized by OCGA § 19-11-10 (a) (Code Ann. § 99-909b), supra, to determine whether a parent is able to support a child receiving public assistance. The department argues in favor of the Court of Appeals' decision and points to the word "may" in OCGA § 19-11-10 (a) (Code Ann....
...to pay child support, and where the nonpaying parent's address is known or can be ascertained, the state, although not required to make an investigation as to the nonpaying parent's ability to support the child before making AFDC payments, see OCGA § 19-11-10 (c) (Code Ann....
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Gresham v. Georgia Dep't of Human Resources, 363 S.E.2d 544 (Ga. 1988).

Cited 5 times | Published | Supreme Court of Georgia | Jan 14, 1988 | 257 Ga. 747

...After the grant of certiorari, the Atlanta Legal Aid Society, Inc., has filed an amicus curiae brief in which it is argued that the Court of Appeals' majority, in Div. 4 of their opinion, erred in rejecting the defendant's argument that, under OCGA § 19-11-10, as interpreted in Burns v....
...e defendant from contesting paternity in any future child-support recovery action, it is not void as against public policy, and, for this reason, the trial court did not err in denying the defendant's demand for jury trial. We further hold that OCGA § 19-11-10, as interpreted in Burns v....
...The father remarried, and the children's stepmother applied for, and received, Aid-to-Families-with-Dependent-Children (AFDC) payments. The department later instituted a child-support recovery action against the mother. The mother argued, inter alia, that she had not been given notice pursuant to OCGA § 19-11-10. The mother was nonetheless ordered to make partial reimbursement to the state, the Court of Appeals affirmed, and on certiorari we reversed. In Burns, we reviewed subsections (a), (b), and (c) of OCGA § 19-11-10, which provide: "(a) In cases in which a parent's obligation to support has not already been established by a court order, the department may conduct investigations to determine whether a responsible parent is able to support the dependent child receiving public assistance....
..."(c) The notice shall inform the parent that he may be liable for reimbursement of any support furnished prior to determination of his financial circumstances as well as future support." The Court of Appeals in Burns v. Swinney, 168 Ga. App. 902 (1) (310 SE2d 733) (1983) held that the notice requirement of § 19-11-10 (b) was inapplicable where, as there, the department did not make an investigation, as authorized by § 19-11-10 (a), to determine the parent's ability to support a child receiving public assistance....
...to pay child support, and where the nonpaying parent's address is known or can be ascertained, the state, although not required to make an investigation as to the nonpaying parent's ability to support the child before making AFDC payments, see OCGA § 19-11-10 (c) ..., must notify the parent of the duty of support and of the application for AFDC payments before such parent becomes obligated to reimburse the state *750 for such payments....
...461, supra, to be inapplicable under the facts of this case, because, unlike Burns, there was no extant court order here relieving the appellant of his child-support obligation. 4. Under our decision in Burns v. Swinney, supra, and under the language employed in OCGA § 19-11-10 (a), we cannot agree with this holding of the Court of Appeals in this case. The material fact common to both this case and Burns is that the parent's obligation to support has not, in either case, been established by a court order; thus, the notice requirement contained in § 19-11-10 is applicable in both cases under the express language employed in subsection (a) of that statute....
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Cox v. Dep't of Human Resources, 334 S.E.2d 683 (Ga. 1985).

Cited 5 times | Published | Supreme Court of Georgia | Oct 1, 1985 | 255 Ga. 6

...ootnote 5, infra. [5] We do not here deal with a situation where the custodial parent is able, but unwilling to provide for the child. The DHR is given broad authority under the CSRA to determine whether the parent is able to support the child. OCGA § 19-11-10....