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2018 Georgia Code 19-11-3 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 19-11-3 Case Law from Google Scholar Amendments to OCGA 19-11-3

TITLE 19 DOMESTIC RELATIONS

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

ARTICLE 1 CHILD SUPPORT RECOVERY ACT

19-11-3. Definitions.

As used in this article, the term:

  1. "Account" means a demand deposit account, checking or negotiable order of withdrawal account, savings account, time deposit account, or a money market mutual fund account.
  2. "Child support enforcement agency" means the entity within the department and its contractors that are authorized to enforce a duty of support.
  3. "Court order for child support" means any order for child support issued by a court or administrative or quasi-judicial entity of this state or another state, including an order in a criminal proceeding which results in the payment of child support as a condition of probation or otherwise. Such order shall be deemed to be a IV-D order for purposes of this article when either party to the order submits a copy of the order for support and a signed application to the department for IV-D services, when the right to child support has been assigned to the department pursuant to subsection (a) of Code Section 19-11-6, or upon registration of a foreign order pursuant to Article 3 of this chapter.
  4. "Department" means the Department of Human Services.
  5. "Dependent child" means any individual under the age of 18 who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States.
  6. "Duty of support" means any duty of support imposed or imposable by law or by court order, decree, or judgment.
  7. "Financial institution" means every federal or state chartered commercial or savings bank, including savings and loan associations and cooperative banks, federal or state chartered credit unions, benefit associations, insurance companies, safe-deposit companies, trust companies, and any money market mutual fund.
  8. "IV-D" means Title IV-D of the federal Social Security Act.
  9. "Medical insurance obligee" means any person to whom a duty of medical support is owed.
  10. "Medical insurance obligor" means any person owing a duty of medical support.
  11. "Money market mutual fund" means every regulated investment company within the meaning of Section 851(a) of the Internal Revenue Code which seeks to maintain a constant net asset value of $1.00 in accordance with 17 C.F.R. Section 270.2A-7.
  12. "Obligee" means the individual to whom the payment of a support obligation is owed.
  13. "Obligor" means the individual owing a duty of support.
  14. "Parent" means the natural or adoptive parents of a child and includes the father of a child born out of wedlock if his paternity has been established in a judicial proceeding or if he has acknowledged paternity under oath either in open court, in an administrative hearing, or by verified writing.
  15. "TANF" means temporary assistance for needy families.

(Ga. L. 1973, p. 192, § 3; Ga. L. 1976, p. 1537, §§ 1, 2; Ga. L. 1997, p. 1613, § 23; Ga. L. 2003, p. 415, § 1; Ga. L. 2009, p. 453, § 2-2/HB 228; Ga. L. 2010, p. 245, § 1/HB 1118; Ga. L. 2014, p. 457, § 10/SB 282; Ga. L. 2017, p. 646, § 1-16/SB 137.)

The 2017 amendment, effective July 1, 2017, added paragraph (2); redesignated former paragraphs (2) through (4) as present paragraphs (3) through (5), respectively; substituted "individual" for "person" in paragraph (5); redesignated former paragraphs (5) through (7) as present paragraphs (6) through (8), respectively; deleted former paragraph (8), which read: "'IV-D agency' means the Child Support Enforcement Agency of the Department of Human Services and its contractors."; added paragraphs (12) and (13); and redesignated former paragraphs (12) and (13) as present paragraphs (14) and (15), respectively.

U.S. Code.

- Section 851(a) of the Internal Revenue Code, referred to in paragraph (11), is codified as 26 U.S.C. § 851.

Title IV-D of the federal Social Security Act, referred to in this Code section, is codified at 42 U.S.C. § 651 et seq.

Law reviews.

- For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 121 (1997).

JUDICIAL DECISIONS

"Parent."

- Divorce decree, and the decree's finding that the parties had no children, a finding which was apparently incorporated into the decree simply because it was a provision of the parties' agreement, was not a judicial proceeding establishing paternity within the meaning of "parent" in the Child Support Recovery Act, O.C.G.A. § 19-11-1 et seq. Department of Human Resources v. Fleeman, 263 Ga. 756, 439 S.E.2d 474 (1994).

Grandmother was not a "parent" of the child within the meaning of O.C.G.A. § 19-8-1(8) or O.C.G.A. § 19-11-3. Stills v. Johnson, 272 Ga. 645, 533 S.E.2d 695 (2000).

Adopting parent on equal footing as biological.

- Georgia law specifically provides that a decree of adoption creates the relationship of parent and child between each petitioner and the adopted individual as if the adopted individual were a child of biological issue of that petitioner. Hastings v. Hastings, 291 Ga. 782, 732 S.E.2d 272 (2012).

Cited in Young v. Department of Human Resources, 148 Ga. App. 518, 251 S.E.2d 578 (1978); Burns v. Swinney, 252 Ga. 461, 314 S.E.2d 440 (1984); Sutter v. Turner, 172 Ga. App. 777, 325 S.E.2d 384 (1984).

RESEARCH REFERENCES

Am. Jur. 2d.

- 59 Am. Jur. 2d, Parent and Child, § 2.

Cases Citing O.C.G.A. § 19-11-3

Total Results: 7  |  Sort by: Relevance  |  Newest First

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Stills v. Johnson, 533 S.E.2d 695 (Ga. 2000).

Cited 46 times | Published | Supreme Court of Georgia | Jul 10, 2000 | 272 Ga. 645, 2000 Fulton County D. Rep. 3553

...provided financial or emotional support for his child. Nor is either party to this action a parent or legal custodian of the child. As we have previously noted, the grandmother is not a "parent" of the child within the meaning of OCGA §§ 19-8-1 or 19-11-3(7)....
...[3] See Constitution of the State of Georgia of 1983, Art. VI, Sec. VI, Par. III(4); Johnson v. Smith, 251 Ga. 1, 302 S.E.2d 542 (1983). [4] OCGA § 19-8-1(8) provides that "`parent' means either the legal father or the legal mother of the child." OCGA § 19-11-3(7) defines "parent" as "the natural or adoptive parents of a child." See also Sutter v....
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Dep't of Human Resources v. Fleeman, 439 S.E.2d 474 (Ga. 1994).

Cited 29 times | Published | Supreme Court of Georgia | Jan 31, 1994 | 263 Ga. 756, 94 Fulton County D. Rep. 317

...the child," which debt DHR may pursue on behalf of the state. [1] We disagree with the Court of Appeals majority which held that Fleeman is not the child's "parent," as used in OCGA § 19-11-5 because of the definition of that word set forth in OCGA § 19-11-3 (5): the natural or adoptive parents of a child and includes the father of a child born out of wedlock [2] if his paternity has been established in a judicial proceeding or if he has acknowledged paternity under oath either in open court, in an administrative hearing, or by verified writing....
...The divorce decree, and its finding that the parties had no children, a finding which was apparently incorporated into the decree simply because it was a provision *759 of the parties' agreement, is not a judicial proceeding establishing paternity within the meaning of OCGA § 19-11-3 (5)....
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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

...We agree that the duty to investigate is not mandatory in every case, but the issue here is the right to recover payments made without investigation. A parent's obligation to support may be established by court order; e.g., criminal proceeding for nonsupport, OCGA § 19-11-3 (Code Ann....
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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

...this article are ... To provide for the enforcement of an able parent's obligation to furnish support." (b) The same code section provides, at subparagraph (b): "This article shall be liberally construed to promote its underlying purposes." (c) OCGA § 19-11-3 (5) of the Act provides: "As used in this article, the term ......
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Hastings v. Hastings, 291 Ga. 782 (Ga. 2012).

Cited 3 times | Published | Supreme Court of Georgia | Oct 1, 2012 | 732 S.E.2d 272, 2012 Fulton County D. Rep. 2883

...iological issue of that petitioner.” OCGA § 19-8-19 (a) (2). Both the legislature and our courts have repeatedly confirmed that an adoptive parent stands on the same footing and has the same rights and obligations as a biological parent. See OCGA § 19-11-3 (9) (defining “parent” as “the natural or adoptive parents of a child” under the Child Support Recovery Act); see also Kunz v....
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Falkenberry v. Taylor, 607 S.E.2d 567 (Ga. 2005).

Cited 3 times | Published | Supreme Court of Georgia | Jan 10, 2005 | 278 Ga. 842, 2005 Fulton County D. Rep. 130

...Dept. of Human Resources, 273 Ga. 52, 53(2), 537 S.E.2d 70 (2000). As amended in 2003, that statute now requires DHR to review, upon written request of the obligor or obligee, "IV-D court orders for child support, as defined in paragraph (1) of Code Section 19-11-3, for possible modification...." OCGA § 19-11-12(c)(1). See also OCGA § 19-11-12(b)(1). Under OCGA § 19-11-3(1), every administratively or judicially imposed child support order "shall be deemed to be a IV-D order for purposes of" the Act....
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Denney v. Denney, 300 Ga. 622 (Ga. 2017).

Cited 1 times | Published | Supreme Court of Georgia | Feb 27, 2017 | 797 S.E.2d 456

...Therefore, under the plain language of this subsection, the court had authority to make a finding with regard to the child’s surname upon determining the paternity of the child. Cf. Dept. of Human Resources v. Fleeman, 263 Ga. 756, 758 (2) (b) (439 SE2d 474) (1994) (concluding that under OCGA § 19-11-3 (5), a judicial proceeding in which paternity has been established includes “one in which the paternity was clearly raised and litigated by the parties, and determined by the finder of fact”). Although we have found no authority in Ge...