19-10A-8 (2019)

Annotations

Effective date. - This Code section became effective July 1, 2018.

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CHAPTER 11 ENFORCEMENT OF DUTY OF SUPPORT

Article 1

Child Support Recovery Act.

19-11-1. Short title.

19-11-2. Purposes of article; construction.

19-11-3. Definitions.

19-11-4. Application of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."

19-11-5. Debt to state created by payment of public assistance; amount of debt; waiver, reduction, or negotiation of certain repayments.

19-11-6. Enforcement of child support payments and alimony for public assistance recipients.

19-11-7. Enforcement of support payments for dependent minor child public assistance recipients; attorney's fees; interest on judgment; limited scope of action.

19-11-8. Department's duty to enforce support of abandoned minor public assistance recipient; scope of action.

19-11-9. Putative father registry; location of absent parents by department; assistance of other governmental agencies; use of information obtained.

19-11-9.1. Duty to furnish information about obligor to department; use of information obtained; penalty for noncompliance.

19-11-9.2. Duty of employers to report employee hiring or rehiring.

19-11-9.3. Suspension or denial of license for noncompliance with child support order; interagency agreements; report to General Assembly; duty to inform obligors.

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

19-11-11. Department subpoenas; court order requiring compliance.

19-11-12. Review of orders for child support; review procedures; order adjusting support award amount; no release from liability due to subsequent financial obligation.

19-11-13. Determination of paternity; acknowledgment under oath; legal proceedings.

19-11-14. Father's liability for support of child born out of wedlock; full faith and credit to paternity determination by another state.

19-11-15. Voluntary support agreement; notice and hearing; notice of final determination.

19-11-15.1. Information required to be given to individuals receiving services.

19-11-16. Periodic redeterminations and reinvestigations.

19-11-17. Redetermination at request of parent; time for hearing.

19-11-18. Collection procedures; notice; judicial review.

19-11-19. Garnishment and income deduction orders; notice and hearing; procedure; liability of employer.

19-11-20. Wage assignments.

19-11-21. Payment of support to department.

19-11-22. Article not exclusive.

19-11-23. Authority of district attorneys.

19-11-24. Conformity with federal law intended; adoption of necessary regulations authorized.

19-11-25. Availability of information about overdue support to consumer reporting agency; notice to debtor parent; fee.

19-11-26. Accident and sickness insurance coverage for children; order requiring medical support.

19-11-27. Accident and sickness insurance coverage for children; National Medical Support Notice or other notice of enrollment; establishment of coverage.

19-11-28. Accident and sickness insurance coverage for children; authorization of payments of benefits; notice of termination; immunity from liability of person or entity providing access to coverage.

19-11-29. Accident and sickness insurance coverage for children; liability and penalty applicable to person or entity providing access to coverage and insurers.

19-11-30. Confidentiality of information and records; safeguards against unauthorized use.

19-11-30.1. Bank Match Registry.

19-11-30.2. Information from financial institutions.

19-11-30.3. Responsibility of Department of Human Services Bank Match Registry.

19-11-30.4. Disclosure of information.

19-11-30.5. Failure of financial institution to comply.

19-11-30.6. Reciprocal agreements with other states.

19-11-30.7. Construction.

19-11-30.8. Annual reports.

19-11-30.9. Information subject to disclosure; penalty.

19-11-30.10. Authority to levy and seize deposit.

19-11-30.11. Fee on levied accounts.

19-11-31. Joint Study Committee on Child Support [Repealed].

19-11-32. Process to collect delinquent support accounts.

19-11-33. Notice.

19-11-34. Verification; immunity from liability.

19-11-35. Initiation of administrative action for levy; required information in notice to financial institution.

19-11-36. Required information in notice to obligor.

19-11-37. Challenges to levy; mistakes; procedures; reimbursement.

19-11-38. Required financial institution action.

19-11-39. Computerized central case registry for support orders.

Article 2

Uniform Reciprocal Enforcement of Support Act.

19-11-40. Short title.

19-11-40.1. Effective date for application of article.

19-11-41. Purposes of article.

19-11-42. Definitions.

19-11-43. Duty of support defined; criteria for determining existence of duty of support.

19-11-44. Declaration of reciprocating status of Canadian province or territory by Attorney General.

19-11-45. Remedies cumulative.

19-11-46. Liability of obligor in state not dependent on obligee's presence.

19-11-47. Support proceedings when obligor and obligee are found in different counties of state.

19-11-48. When extradition of obligor authorized; how extradition avoided; petition; temporary order of support; delivery of copies of order; suspension of extradition proceedings.

19-11-49. Choice of law for determining duties of support.

19-11-50. Remedies of state or political subdivision furnishing support; court orders for present or future support not to be jeopardized.

19-11-51. Duties enforceable by petition; jurisdiction; venue.

19-11-52. Contents of petition; when cause of action arises.

19-11-53. Representation of petitioner by district attorney; fees; monthly collection reports; payment to county for services; clerk's fees.

19-11-54. By whom petition for minor obligee brought; guardian ad litem not necessary.

19-11-55. Duty of court of this state when acting as initiating state; transmittal of copies of petition, certificate, and article; monetary recommendation to Canadian court.

19-11-56. Payment of costs and fees by state; issuance of execution to reimburse state.

19-11-57. When respondent's arrest authorized.

19-11-58. Department of Human Services designated state information agency; duties.

19-11-59. Payment of district attorney's fee.

19-11-60. Duty of court of this state when acting as responding state.

19-11-61. Procedure when responding court unable to obtain jurisdiction; cooperation of police in locating respondent; transfer of documents upon location of respondent or his property.

19-11-62. Discovery procedures.

19-11-63. Order of support or reimbursement.

19-11-64. Transmittal of copy of order to initiating state.

19-11-65. Power of court to assure compliance with orders.

19-11-66. Determination of paternity.

19-11-67. Transmittal of payments to court of initiating state; certified statement of payments made by respondent.

19-11-68. Duty of court of initiating state to disburse payments received.

19-11-69. Spouses competent and compellable to testify.

19-11-70. Rules of evidence.

19-11-71. Previous support orders not superseded; how payments credited.

19-11-72. Jurisdiction in other proceedings not conferred.

19-11-73. Construction of article.

19-11-74. Temporary order.

19-11-75. Right of appeal; effect of appeal on order of support.

19-11-76. Additional remedies on foreign support order.

19-11-77. Registration of foreign support order; filing in registry of foreign support orders.

19-11-78. Application of Code Section 19-11-53.

19-11-79. Registration procedure - Transmittal of documents to district attorney; filing; notice; docketing.

19-11-80. Registration procedure - Hearing; defenses; grounds for stay; entry of order as registration; county's entitlement to fee; through whom payments made.

19-11-81. Effect of registration of foreign support order.

Article 3

Uniform Interstate Family Support Act.

Part 1

GENERAL PROVISIONS.

19-11-100. Short title.

19-11-101. Definitions.

19-11-102. Designated tribunals; support enforcement agency.

19-11-103. Nature of remedies.

19-11-104. Applicability.

Part 2

JURISDICTION; COOPERATION BETWEEN STATES.

19-11-110. Jurisdiction.

19-11-111. Personal jurisdiction continues while Georgia tribunal retains continuing, exclusive jurisdiction.

19-11-112. Authority of tribunal.

19-11-113. Limitation on jurisdiction of Georgia tribunal if action filed in another state or foreign country.

19-11-114. Continuing, exclusive jurisdiction to modify support order.

19-11-115. Initiating tribunal; responding tribunal.

19-11-116. Governing tribunal when conflicting orders; determination of controlling order.

19-11-117. Enforcement of two or more child support orders, at least one of which was issued by another state or foreign country.

19-11-118. Crediting of amounts collected.

19-11-119. Evidentiary issues outside state; application.

19-11-119.1. Spousal support order; modification; initiating tribunal to request enforcement; responding tribunal to enforce or modify order.

Part 3

CIVIL PROVISIONS.

19-11-120. Application of part; initiation of a proceeding.

19-11-121. Representative for minor parent.

19-11-122. Governing law and procedure for responding Georgia tribunal.

19-11-123. Information to be provided to responding tribunal.

19-11-124. Receipt of petition of pleading by responding Georgia tribunal; action authorized; limitations; foreign currency conversion.

19-11-125. Receipt by inappropriate tribunal.

19-11-126. Support enforcement agency's services; determining controlling order; foreign currency conversion; enforcement of support order and income withholding order of another state; absence of fiduciary relationship.

19-11-127. Authority of Attorney General.

19-11-128. Employment of private counsel.

19-11-129. State information agency.

19-11-130. Filing of petition to establish, register, or modify support order; required information; relief sought.

19-11-131. Nondisclosure of identifying information when health, safety, or liberty at risk; disclosure of information in the interest of justice.

19-11-132. Fees and costs.

19-11-133. Personal jurisdiction.

19-11-134. Defense of nonparentage.

19-11-135. Physical presence of individual nonresident party not required; admissible evidence.

19-11-136. Communication between tribunals.

19-11-137. Tribunal's authority to accomplish discovery.

19-11-138. Disbursement of funds; redirecting payments.

Part 4

ESTABLISHMENT OF SUPPORT ORDER.

19-11-140. Authority of tribunal upon failure to issue support order; temporary child support order.

19-11-141. Responding tribunal.

Part 5

DIRECT ENFORCEMENT OF ORDER OF ANOTHER STATE WITHOUT REGISTRATION.

19-11-150. Issuance of income-withholding orders.

19-11-151. Obligation of employer upon receipt of income-withholding order.

19-11-152. Receipt of two or more income-withholding orders.

19-11-153. Employer's civil liability.

19-11-154. Penalties for employer's noncompliance.

19-11-155. Contesting of order from another tribunal.

19-11-156. Enforcement of orders issued by another state or foreign country.

Part 6

ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER AFTER REGISTRATION.

19-11-160. Registration of orders issued by another state or foreign country.

19-11-161. Requirements for registration of orders issued by another state or foreign country; other filings.

19-11-162. Filing in Georgia tribunal required for registration; enforcement; modification.

19-11-163. Governing law; statute of limitations; application of procedural and remedial law of Georgia; prospective application of law of other state or foreign country.

19-11-164. Notification to nonregistering party and obligor's employer.

19-11-165. Contesting the validity of registered support order by nonregistering party.

19-11-166. Burden of proof in contesting validity of registered support order; stays.

19-11-167. Effect of confirmation.

19-11-168. Petitions for modification.

19-11-169. Enforcement pending modification.

19-11-170. Requirements for modification; effect on jurisdiction.

19-11-171. Recognition of modification by another tribunal.

19-11-172. Jurisdiction; application of article.

19-11-173. Filing requirement for modified order.

19-11-174. Jurisdiction to modify child support order.

19-11-175. Registration of foreign child support order.

Part 7

DETERMINATION OF PARENTAGE.

19-11-180. Definitions.

19-11-181. Applicability of part.

19-11-182. Department of Human Services recognized as designated agency.

19-11-183. Duties of Department of Human Services; available support proceedings.

19-11-184. Filing direct requests; entitlement to assistance; preference for simplified and expeditious processes.

19-11-184.1. Request for registration.

19-11-184.2. Contest of registered convention support order.

19-11-184.3. Grounds for refusal of recognition and enforcement of registered convention support order.

19-11-184.4. Option to enforce portions of convention support order.

19-11-184.5. Recognition and enforcement of foreign support agreement.

19-11-184.6. Modification of convention child support order.

19-11-184.7. Personal information.

19-11-184.8. Language.

Part 8

INTERSTATE RENDITION.

19-11-185. "Governor" defined; authority.

19-11-186. Prosecutor's duties upon request by governor; rendition.

Part 9

MISCELLANEOUS PROVISIONS.

19-11-190. Construction of article; uniformity.

19-11-190.1. Effective date.

19-11-191. Severability.

Cross references. - Continuing garnishment to enforce support obligations, § 18-4-50 et seq.

Effect on support obligation of use of income from estate or trust for support purposes, § 53-1-4.

Administrative Rules and Regulations. - Allocation and redirection of current child support payments, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Department of Human Services, Office of Child Support Recovery, Recovery and administration of child support, § 290-7-1-.15.

Law reviews. - For annual survey article on domestic relations, see 50 Mercer L. Rev. 217 (1998).

RESEARCH REFERENCES

ALR. - Postmajority disability as reviving parental duty to support child, 48 A.L.R.4th 919.

Court's authority to reinstitute parent's support obligation after terms of prior decree have been fulfilled, 48 A.L.R.4th 952.

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ARTICLE 1 CHILD SUPPORT RECOVERY ACT

Cross references. - Temporary assistance for needy families, § 49-4-180 et seq.

Administrative Rules and Regulations. - Recovery and administration of child support, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Human Resources, Office of Child Support Recovery, Subject 290-7-1.

Law reviews. - For survey article on wills, trusts, and administration of estates, see 34 Mercer L. Rev. 323 (1982). For article, "Georgia Inheritance Rights of Children Born Out of Wedlock," see 23 Ga. St. B.J. 28 (1986). For annual survey of law of domestic relations, see 38 Mercer L. Rev. 179 (1986).

JUDICIAL DECISIONS

Cited in Collins v. Collins, 148 Ga. App. 103, 250 S.E.2d 870 (1978); Young v. Department of Human Resources, 148 Ga. App. 518, 251 S.E.2d 578 (1978); Boone v. State, Dep't of Human Resources ex rel. Carter, 250 Ga. 379, 297 S.E.2d 727 (1982).

OPINIONS OF THE ATTORNEY GENERAL

State courts have concurrent jurisdiction with superior courts over cases brought pursuant to the Child Support Recovery Act, O.C.G.A. § 19-11-1 et seq. 1983 Op. Att'y Gen. No. U83-33.

Transfer of proceedings. - O.C.G.A. § 15-11-6(b) authorizes the superior court to transfer to the juvenile court support cases not involving a question of paternity as well as those support proceedings originating from a court-established support unit in the judicial circuit. 1989 Op. Att'y Gen. No. U89-7.

Since no provision under O.C.G.A. § 15-11-6(b) would permit the transfer of paternity questions to a juvenile court, no case in which paternity is involved may be transferred under that statute by a superior court to a juvenile court. 1989 Op. Att'y Gen. No. U89-7.

Superior court may not transfer a Uniform Reciprocal Enforcement of Support Act, O.C.G.A. § 19-11-40 et seq., proceeding to juvenile court under O.C.G.A. § 15-11-6(b). 1989 Op. Att'y Gen. No. U89-7.