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 Georgia Code 19-11-5 From Courtlistener.com

Total Results: 4

Kelley v. Department of Human Resources

Court: Supreme Court of Georgia | Date Filed: 1998-04-13

Citation: 498 S.E.2d 741, 269 Ga. 384, 98 Fulton County D. Rep. 1263

Snippet: 19-11-12(d). [14] OCGA § 19-11-22. [15] See OCGA § 19-11-5, 19-11-6(a), (c). [16] See State v. Overstreet

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: alleging Fleeman was the child's father, cited §§ 19-11-5 and 19-11-6 (a) of the Child Support Recovery Act

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: reverse. The Child Support Recovery Act, OCGA § 19-11-5, provides: "The payment of public assistance to

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: (Code Ann. § 99-901b), are pertinent here. OCGA § 19-11-5 (Code Ann. § 99-904b) provides: "The payment of