O.C.G.A.
O.C.G.A.

O.C.G.A. § 19-11-10 (2019)

Investigation to determine ability to support; notification of parent; information forms; penalty for falsifying parents’ report

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(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. The department shall notify the parents of any such planned investigation. (b) 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. (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. (d) 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. (e) Any person who knowingly falsifies the parent’s report of his income and resources shall be punished as for false swearing.

History

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

Annotations

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 Ga. LEXIS 732 (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 Ga. App. LEXIS 2128 (1985). No recovery by department against putative father. - Department was not entitled to recover public assistance pay-

ments 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 Ga. LEXIS 19 (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 Ga. LEXIS 19 (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, 1984 Ga. App. LEXIS 2651 (1984). RESEARCH REFERENCES Am. Jur. 2d. 79 Am. Jur. 2d, Welfare Laws, §§ 17 et seq., 80. ALR. Power of divorce court, after child at-

tained majority, to enforce by contempt proceedings payment of arrears of child support, 32 A.L.R.3d 888.

Notes of Decisions
Cited in 11 cases, 1983–1995 · leading case: Burns v. Swinney, 314 S.E.2d 440 (Ga. 1984).
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Burns v. Swinney, 314 S.E.2d 440 (Ga. 1984). · cites it 16× “We granted certiorari to determine whether the Court of Appeals correctly interpreted OCGA § 19-11-10 (Code Ann. § 99-909b) (Ga.”
Dep't of Human Resources v. Johnson, 333 S.E.2d 845 (Ga. Ct. App. 1985). · cites it 12× “We agree with the appellee that the letter of May 2, 1984, without more, did not constitute adequate notice under OCGA § 19-11-10. The letter informed her that she "may be held responsible for repayment to State of Georgia of all public assistance (welfare) paid to or on behalf…”
Gresham v. Georgia Dep't of Human Resources, 363 S.E.2d 544 (Ga. 1988). · cites it 15× “4 of their opinion, erred in rejecting the defendant’s argument that, under OCGA § 19-11-10, as interpreted in Burns v.”
Neal v. State, 354 S.E.2d 664 (Ga. Ct. App. 1987). · cites it 4× “The statutory scheme provides for a departmental investigation to determine whether a responsible parent is able to support a dependent child receiving public assistance (OCGA § 19-11-10 (a)), and the department establishes a standard to measure that parent's ability, taking…”
Burns v. Swinney, 310 S.E.2d 733 (Ga. Ct. App. 1983). · cites it 8× “Appellant claims that the state failed to comply with OCGA § 19-11-10 (b) (Code Ann. § 99-909b), which requires notice to parents of their legal duty to support their children and of the possibility that the parents could be called upon to reimburse the state for the benefits…”
Dep't of Human Resources v. Siggers, 463 S.E.2d 544 (Ga. Ct. App. 1995). · cites it 4× “OCGA § 19-11-10 (a) authorizes DHR investigation of a parent’s ability to support a dependent child and authorizes DHR to determine parental ability to support, using procedures described in OCGA § 19-11-12.”
Collins v. Collins, 324 S.E.2d 475 (Ga. Ct. App. 1984). · cites it 2× “We note that the Supreme Court has recently held that “where parents are divorced and custody is awarded to one parent, where the parent not having custody has not been ordered by any court to pay child support, and where the nonpaying parent’s address is known or can be…”
Cox v. Dep't of Human Resources, 334 S.E.2d 683 (Ga. 1985). · cites it 4× “OCGA § 19-11-10. If the DHR determines the parent is so able, it is authorized to take appropriate action to ensure that the parent supports the child.”
Cox v. Dep't of Human Resources, 330 S.E.2d 120 (Ga. Ct. App. 1985). · cites it 2× “where parents are divorced and custody is awarded to one parent, where the parent not having custody has not been ordered by any court 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…”
Gresham v. Dep't of Human Resources, 360 S.E.2d 736 (Ga. Ct. App. 1987). · cites it 2× “The Supreme Court held that under such circumstances the state was obliged, pursuant to OCGA § 19-11-10 (c), to notify the defendant of her duty of support and of the fact that an application for public assistance benefits had been made on the child’s behalf prior to seeking a…”
In re J. M. P., 344 S.E.2d 520 (Ga. Ct. App. 1986). · cites it 2× “See OCGA § 19-11-10. Evidence was presented to the court in the August 30 hearing of the medical expenses paid on behalf of the child, the costs of foster care and the ability of the father to pay those costs.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.