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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 Georgia Code 19-11-3 From Courtlistener.com

Total Results: 7

Denney v. Denney

Court: Supreme Court of Georgia | Date Filed: 2017-02-27

Citation: 300 Ga. 622, 797 S.E.2d 456, 2017 WL 764094, 2017 Ga. LEXIS 99

Snippet: SE2d 474) (1994) (concluding that under OCGA § 19-11-3 (5), a judicial proceeding in which paternity has

Hastings v. Hastings

Court: Supreme Court of Georgia | Date Filed: 2012-10-01

Citation: 291 Ga. 782, 732 S.E.2d 272, 2012 Fulton County D. Rep. 2883, 2012 WL 4475676, 2012 Ga. LEXIS 750

Snippet: obligations as a biological parent. See OCGA § 19-11-3 (9) (defining “parent” as “the natural or adoptive

Falkenberry v. Taylor

Court: Supreme Court of Georgia | Date Filed: 2005-01-10

Citation: 607 S.E.2d 567, 278 Ga. 842, 2005 Fulton County D. Rep. 130, 2005 Ga. LEXIS 23

Snippet: support, as defined in paragraph (1) of Code Section 19-11-3, for possible modification...." OCGA § 19-11-12(c)(1)

Stills v. Johnson

Court: Supreme Court of Georgia | Date Filed: 2000-07-10

Citation: 533 S.E.2d 695, 272 Ga. 645, 2000 Fulton County D. Rep. 3553, 2000 Ga. LEXIS 542

Snippet: child within the meaning of OCGA §§ 19-8-1 or 19-11-3 (7). She is not a “legal custodian” of the child

Department of Human Resources v. Fleeman

Court: Supreme Court of Georgia | Date Filed: 1994-01-31

Citation: 439 S.E.2d 474, 263 Ga. 756, 94 Fulton County D. Rep. 317, 1994 Ga. LEXIS 63

Snippet: the definition of that word set forth in OCGA § 19-11-3 (5): the natural or adoptive parents of a child

Cox v. Department of Human Resources

Court: Supreme Court of Georgia | Date Filed: 1985-10-01

Citation: 334 S.E.2d 683, 255 Ga. 6, 1985 Ga. LEXIS 866

Snippet: to promote its underlying purposes.” (c) OCGA § 19-11-3 (5) of the Act provides: “As used in this article

Burns v. Swinney

Court: Supreme Court of Georgia | Date Filed: 1984-04-18

Citation: 314 S.E.2d 440, 252 Ga. 461, 1984 Ga. LEXIS 732

Snippet: g., criminal proceeding for nonsupport, OCGA § 19-11-3 (Code Ann. § 99-903b), divorce, alimony and child