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2018 Georgia Code 15-15-5 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-15-5 Case Law from Google Scholar Amendments to OCGA 15-15-5

TITLE 15 COURTS

Section 15. Child Support Receivers, 15-15-1 through 15-15-7.

ARTICLE 2 TRAINING AND CERTIFICATION

15-15-5. Fees and costs; disposition; records.

  1. The child support receiver shall be authorized to charge the paying party an additional 5 percent of the amount of each payment, not to exceed $2.00 per payment. In the event of arrearage, the above fee shall be assessed as if the payments had been paid individually when due. The collected fees shall be deposited in the general fund of the county. Records of all such fees shall be maintained in accordance with this chapter.
  2. In addition to any amounts charged pursuant to subsection (a) of this Code section, the child support receiver shall be required to assess and collect from the paying party all costs of court and service fees of the sheriff in any action initiated by the state.Such costs and fees shall be collected from the paying party with the first child support payment collected. Where a paying party is not financially capable of paying such costs and fees in a single payment, such individuals shall pay a $5.00 installment payment toward such costs and fees with each child support payment until all such court costs and sheriff's fees are paid in full.Said costs, including the sheriff's service fees, shall be paid to the clerk of the superior court who, after making the reports and payments otherwise required by general law, shall pay the remainder into the general fund of the county.All paying parties who have been determined to be indigent by the court shall be exempt from the assessment and collection of court costs and sheriff's service fees until the paying party is no longer found to be indigent.
  3. Nothing in this Code section shall allow or require any reduction of child support payments paid to any parent or guardian of a minor child.

(Code 1933, § 24-2703a, enacted by Ga. L. 1979, p. 1400, § 1; Ga. L. 1980, p. 755, § 1; Ga. L. 1992, p. 2516, § 1.)

Law reviews.

- For note on 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 234 (1992).

OPINIONS OF THE ATTORNEY GENERAL

District attorney's office may not act as a child support receiver or collect the fee contemplated by O.C.G.A. § 15-15-5. 1983 Op. Att'y Gen. No. U83-67.

Recoupment of program costs by payment deduction not authorized.

- O.C.G.A. § 15-15-5 does not authorize a superior court to require in the court's orders to pay child support pursuant to the Child Support Recovery Act, O.C.G.A. § 19-11-1 et seq., that a fee be deducted from each payment and paid into the county treasury in order to recoup the costs of the program. 1983 Op. Att'y Gen. No. U83-67.

Superior court clerk is not entitled to charge a fee in connection with the handling of child support monies. 1989 Op. Att'y Gen. No. U89-2.

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