Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 19-11-5 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 19-11-5 Case Law from Google Scholar Amendments to OCGA 19-11-5

TITLE 19 DOMESTIC RELATIONS

Section 11. Enforcement of Duty of Support, 19-11-1 through 19-11-191.

ARTICLE 1 CHILD SUPPORT RECOVERY ACT

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

  1. The payment of public assistance to or on behalf of a child creates a debt due and owing the state by the parent or parents responsible for the support of the child. The amount of the debt is the amount necessary to meet the total needs of the child or children and the person having custody, if included in the public assistance grant, as determined by the department in conformity with the federal Social Security Act; provided, however, that, where a court has ordered child support incident to a final divorce or in a criminal proceeding for nonsupport or where the responsible parent has entered into a legally enforceable and binding agreement, the debt created shall be equal to the amount set in such decree, order, hearing, or agreement.
  2. The department, in accordance with rules established by the Board of Human Services, shall be authorized to waive, reduce, or negotiate the payment of unreimbursed public assistance if it is determined that good cause for nonpayment exists or that enforcement of the claim would result in substantial and unreasonable hardship to the parent or parents responsible for the support of the child against whom the claim exists. The rules established by the Board of Human Services shall consider the ability of the responsible party to support the child or children during the period that public assistance was provided and the current history of regularity of payment by the responsible party. This subsection shall not apply to any court order or decree requiring the repayment of public assistance; however, the department is authorized to petition the court for consideration of a modification of an order or decree based on factors contained in this subsection and in the rules established by the Board of Human Services relating to such unreimbursed public assistance.

(Ga. L. 1973, p. 192, § 4; Ga. L. 1976, p. 1537, § 4; Ga. L. 1977, p. 643, § 1; Ga. L. 2005, p. 1520, § 1/SB 52; Ga. L. 2009, p. 453, § 2-3/HB 228.)

U.S. Code.

- The federal Social Security Act, referred to in this Code section, is codified at 42 U.S.C. § 601 et seq.

JUDICIAL DECISIONS

If there is an absent parent who does not provide support, and the payment of public assistance is for the support of both the dependent child and the custodial parent who is not able, without the benefit of public assistance, to provide support and maintenance for the child, it is inconsistent with both the goals of the Public Assistance Act and the Child Support Recovery Act, O.C.G.A. § 19-11-1 et seq., to conclude that the payment of Aid to Families with Dependent Children imposes upon the custodial parent a debt due and owing the state under O.C.G.A. § 19-11-5. Cox v. Cox ex rel. State Dep't of Human Resources, 255 Ga. 6, 334 S.E.2d 683 (1985).

Repayment by custodial parent excuses non-custodial's non-payment.

- When uncontradicted evidence demonstrated that the custodial parent, the mother of two children, was entitled to public assistance and was repaying the state for public assistance which she received, the defendant, the children's father, could not be held liable for those public assistance payments. Johnson v. Department of Human Resources, 204 Ga. App. 23, 418 S.E.2d 401 (1992).

Parent whose rights have been terminated under O.C.G.A. § 15-11-80 is not subject to an action under O.C.G.A. § 19-11-5 to provide reimbursal payments of government dispensed child assistance benefits. Department of Human Resources v. Ammons, 206 Ga. App. 805, 426 S.E.2d 901 (1992).

Standing of department in claim against parent.

- Even though a divorce decree between the mother and alleged father stated that the parties had no minor children, the department of human resources was not collaterally estopped from asserting a claim for child support benefits against the alleged father on behalf of the child. Department of Human Resources v. Fleeman, 263 Ga. 756, 439 S.E.2d 474 (1994).

DHR entitled to default judgment.

- Trial court erred in failing to enter a default judgment when in the court's petition the Department of Human Resources alleged that it had provided support in the form of public assistance to the defendant's daughter and was entitled to reimbursement. Department of Human Resources v. Hedgepath, 204 Ga. App. 755, 420 S.E.2d 638 (1992).

Establishment of paternity.

- 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).

State was entitled to be reimbursed by the father for support payments made on the child's behalf even though the father had not legitimated the child and had not been ordered to pay child support since it was undisputed that he was the father of the child and therefore had an obligation to support the child. Department of Human Resources v. Woodruff, 234 Ga. App. 513, 507 S.E.2d 249 (1998).

"Value of caretaking services" not to reduce debt.

- In the computation of the debt due under O.C.G.A. § 19-11-5 et seq., a recipient is not entitled to a reduction of the debt for the value of his or her services as "caretaker" of the minor child. Cox v. Department of Human Resources, 174 Ga. App. 377, 330 S.E.2d 120, rev'd on other grounds, 255 Ga. 6, 334 S.E.2d 683 (1985).

Application for appeal.

- In an action for repayment of child support expended by the Department of Human Resources, the failure to file an application for appeal required under O.C.G.A. § 5-6-35(a)(2) did not result in dismissal of the appeal; an action for repayment under O.C.G.A. § 19-11-5 is one for collection of a debt and requiring discretionary appeal procedures only when the judgment is $2,500 or less, pursuant to O.C.G.A. § 5-6-35(a)(6). Department of Human Resources v. Johnson, 175 Ga. App. 610, 333 S.E.2d 845 (1985).

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); Neal v. State, 182 Ga. App. 37, 354 S.E.2d 664 (1987); Department of Human Resources v. Mitchell, 232 Ga. App. 560, 501 S.E.2d 508 (1998).

Cases Citing O.C.G.A. § 19-11-5

Total Results: 4  |  Sort by: Relevance  |  Newest First

Copy

Dep't of Human Resources v. Fleeman, 439 S.E.2d 474 (Ga. 1994).

Cited 29 times | Published | Supreme Court of Georgia | Jan 31, 1994 | 263 Ga. 756, 94 Fulton County D. Rep. 317

...In deciding whether DHR may pursue its action against Fleeman, we look first to the nature of DHR's claims in this case, and second to the application of collateral estoppel, or other defenses, to those claims. 1. DHR, alleging Fleeman was the child's father, cited §§ 19-11-5 and 19-11-6 (a) of the Child Support Recovery Act as the basis for its claims against Fleeman for reimbursement for amounts paid on the child's behalf, and for an order establishing Fleeman's future support obligations. These two Code sections provide, in pertinent part, as follows: The payment of public assistance to or on behalf of a child creates a debt due and owing the state by the parent or parents responsible for the support of the child.... OCGA § 19-11-5....
...8 ALR3d 846, 854-856 (1977). Compare Macuch v. Pettey, 170 Ga. App. 467, 469 (2) (317 SE2d 262) (1984). (b) Contrary to the holding of the majority of the Court of Appeals, and to Fleeman's argument, DHR may pursue a claim against Fleeman under OCGA § 19-11-5, which section creates a direct and independent (that is, not resulting from an assignment) debt to the state by the "parent or parents responsible for the support of the child," which debt DHR may pursue on behalf of the state. [1] We disagree with the Court of Appeals majority which held that Fleeman is not the child's "parent," as used in OCGA § 19-11-5 because of the definition of that word set forth in OCGA § 19-11-3 (5): the natural or adoptive parents of a child and includes the father of a child born out of wedlock [2] if his paternity has been established in a judicial proceeding o...
Copy

Kelley v. Dep't of Human Resources, 498 S.E.2d 741 (Ga. 1998).

Cited 12 times | Published | Supreme Court of Georgia | Apr 13, 1998 | 269 Ga. 384, 98 Fulton County D. Rep. 1263, 98 FCDR 1263

...I, Sec. I, Para. XI. [9] OCGA § 19-6-19(a). [10] OCGA § 19-11-1, et seq. [11] See OCGA §§ 19-11-12(b); 42 USC § 666(a). [12] Chrysler Corp. v. Batten, 264 Ga. 723, 450 S.E.2d 208 (1994). [13] OCGA § 19-11-12(d). [14] OCGA § 19-11-22. [15] See OCGA § 19-11-5, 19-11-6(a), (c)....
Copy

Burns v. Swinney, 314 S.E.2d 440 (Ga. 1984).

Cited 12 times | Published | Supreme Court of Georgia | Apr 18, 1984 | 252 Ga. 461

...§ 99-909b) inapplicable where the state bypasses the administrative procedure in favor of judicial proceedings. We granted certiorari. Several provisions of the Child Support Recovery Act, OCGA § 19-11-1 et seq. (Code Ann. § 99-901b), are pertinent here. OCGA § 19-11-5 (Code Ann....
...ght to recover payments made without investigation. A parent's obligation to support may be established by court order; e.g., criminal proceeding for nonsupport, OCGA § 19-11-3 (Code Ann. § 99-903b), divorce, alimony and child support decree, OCGA § 19-11-5 (Code Ann....
...Such obligation also may be established by agreement with the department. OCGA § 19-11-15 (a) (Code Ann. § 99-912b). None of these occurred here. In particular, the court granting these parents a divorce did not order the mother to make child support payments. Pursuant to OCGA § 19-11-5 (Code Ann....
Copy

Cox v. Dep't of Human Resources, 334 S.E.2d 683 (Ga. 1985).

Cited 5 times | Published | Supreme Court of Georgia | Oct 1, 1985 | 255 Ga. 6

...for the benefit of the minor child. The trial court entered judgment in favor of the DHR and the Court of Appeals affirmed. Cox v. DHR, 174 Ga. App. 377 (330 SE2d 120) (1985). We granted certiorari, and reverse. The Child Support Recovery Act, OCGA § 19-11-5, provides: "The payment of public assistance to or on behalf of a child creates a debt due and owing the state by the parent or parents responsible for the support of the child....
...cluded that under OCGA § 19-7-24, [2] petitioner was required to provide support to her illegitimate minor child until he reaches the age of majority. Therefore, the Court of Appeals concluded that petitioner was liable for the debt created by OCGA § 19-11-5....
...and ultimately, to assist the family unit in attaining self-sufficiency. OCGA §§ 49-4-3 (b) (1) and 19-11-2 (a). We conclude that these expressed legislative purposes are inconsistent with the interpretation the Court of Appeals has given to OCGA § 19-11-5....
...rt *8 and maintenance for the child, it is inconsistent with both the goals of The Public Assistance Act and The Child Support Recovery Act to conclude that the payment of AFDC imposes upon the custodial parent "a debt due and owing the state." OCGA § 19-11-5....
...Then comes the sheriff to garnish the wages of the mother to pay the debt to DHR. After deduction for the garnishment the mother receives $100 per week. Now she is worse off than when receiving aid. There is no incentive to be self-supporting. A debt under OCGA § 19-11-5 is created when a child receives public assistance because he has been deprived of parental support or care by reason of the inability of a parent to provide support, or continued absence from home of a parent or parents who fail to provide support....
...lic assistance grant...." or [2] the amount of child support judicially imposed on a parent who is absent from the home by reason of divorce, or [3] the amount by which the custodial parent and the absent *9 parent have contractually agreed to. OCGA § 19-11-5....
...locate absent parents" in order to determine their child support obligations. OCGA § 19-11-12 sets forth the standards for determining whether "the absent responsible parent" is able to support his child. [8] We hold therefore that in enacting OCGA § 19-11-5, the legislature did not intend for the custodial parent to be liable for the debt created by the payment of public assistance where the custodial parent is not able to provide parental support or care without the benefit of public assistance....
...cle, the term ... `Parent' means the natural or adoptive parents of a child and includes the father of a child born out of wedlock. . . ." (Emphasis supplied.) (d) The statutory basis for the claim of recovery against the mother in this case is OCGA § 19-11-5, which provides in part: "The payment of public assistance to or on behalf of a child creates a debt due and owing the state by the parent or parents responsible for the support of the child." (Emphasis supplied.) 2....
...and (b) the child was born out of wedlock. 3. Applying these plain and unambiguous code sections to the plain and unambiguous facts of this case, only one question remains: Is Cox "responsible for the support of the child" within the meaning of OCGA § 19-11-5? 4....
...See Shea v. Vialpando, 416 U. S. 251 (94 SC 1746, 40 LE2d 120) (1974). [4] We acknowledge that where public assistance is paid to a child whose dependent status is created by the continued absence from home of both parents, a debt is created under OCGA § 19-11-5 "due and owing the state by the ......