Modification procedure not dependent upon public assistance.

- When the Department of Human Resources (DHR) petitions the superior court to adopt its recommendation, the court is not required to find a need for additional support but, without regard to whether a child is receiving public assistance, may increase child support based solely on a significant inconsistency between an existing order and the amount which would result from application of the child support guidelines; the Child Support Recovery Act, O.C.G.A. § 19-11-1 et seq., does not contain any basis for continuing to distinguish between the procedure available when the child is receiving public assistance and that which is available in the absence of any such assistance. The trial court erred in concluding that evidence of the need for additional support was necessary and that DHR lacked standing, and in failing to apply child support guidelines and to justify any departure therefrom. Falkenberry v. Taylor, 278 Ga. 842, 607 S.E.2d 567 (2005).

Public assistance is nondistinguishing factor.

- Child Support Recovery Act, O.C.G.A. § 19-11-1 et seq., does not contain any basis for continuing to distinguish between the procedure available when a child is receiving public assistance and that which is available in the absence of any such assistance. Falkenberry v. Taylor, 278 Ga. 842, 607 S.E.2d 567 (2005)(Unpublished).

Same procedure available when child not receiving public assistance.

- In a child support modification action, the trial court erred in concluding that evidence of the need for additional support was necessary and that the Department of Human Resources (DHR) lacked standing to file a modification action on behalf of a child not receiving public assistance unless it could show the child's need for additional support; by express statutory amendment, the General Assembly no longer reserved for the private bar those modification actions which involved children who did not receive public assistance and needed no additional support, but whose court-ordered provider enjoyed an enhanced financial status. Falkenberry v. Taylor, 278 Ga. 842, 607 S.E.2d 567 (2005)(Unpublished).

Cited in Phillips v. Brown, 263 Ga. 50, 426 S.E.2d 866 (1993).

Applicability of alternative dispute resolution program fees to child support recovery actions.

- Civil actions brought pursuant to the Child Support Recovery Act, O.C.G.A. § 19-11-1 et seq., are subject to the fee imposed under O.C.G.A. § 15-23-7 to support alternative dispute resolution programs, but the state, the state's agencies, and political subdivisions should not be compelled to make advance payment of the fee which should ordinarily be collected from the child support obligor upon the conclusion of the action. 1994 Op. Att'y Gen. No. U94-7.

ALR.

- Criminal responsibility for abandonment or nonsupport of children who are being cared for by charitable institution, 24 A.L.R. 1075.

Liability of father for retroactive child support on judicial determination of paternity, 87 A.L.R.5th 361.