Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 19-11-7 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 19-11-7 Case Law from Google Scholar Amendments to OCGA 19-11-7

TITLE 19 DOMESTIC RELATIONS

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

ARTICLE 1 CHILD SUPPORT RECOVERY ACT

19-11-7. Enforcement of support payments for dependent minor child public assistance recipients; attorney's fees; interest on judgment; limited scope of action.

  1. Whenever any dependent minor child is receiving public assistance, the department may recover any sum of money due the dependent child. The action shall be brought in the name of the child for the use of the department.
  2. Pursuant to the authority provided in subsection (a) of this Code section, the department may appear in any judicial proceeding on behalf of the spouse and the dependent child to enforce the parties' right to support, including alimony as long as the provisions of subsection (d) of Code Section 19-11-6 are met.
  3. Any action initiated by the department pursuant to subsections (a) and (b) of this Code section shall be limited solely to the issue of support and shall exclude issues of visitation, custody, property settlement, or other similar matters otherwise joinable by the parties.
  4. The court may award reasonable attorney's fees to the prevailing party.
  5. The department may collect the legal rate of interest on any judgment obtained in any support action initiated by the department.
  6. Any action initiated by the department pursuant to subsections (a) and (b) of this Code section or in any action in which the department appears pursuant to subsections (a) and (b) of this Code section shall be limited solely to the issue of support and shall exclude issues of visitation, custody, property settlement, or other similar matters otherwise joinable by the parties.

(Ga. L. 1973, p. 192, § 17; Ga. L. 1976, p. 1537, § 15; Ga. L. 1985, p. 785, § 5; Ga. L. 1987, p. 186, § 3.)

JUDICIAL DECISIONS

Limited scope of action.

- In a child support recovery action against the purported father under the Child Support Recovery Act (O.C.G.A. § 19-11-1 et seq.), the superior court could not rule on the father's request that the child be legitimated, or given his last name, or that he be given permanent and definite visitation rights. Department of Human Resources v. Brown, 213 Ga. App. 42, 443 S.E.2d 685 (1994).

Support may not be modified in contempt proceedings.

- In a contempt proceeding brought by the Georgia Department of Human Resources, the trial court erred in modifying a parent's child support obligation and in forgiving a portion of the arrearage because the court lacked authority to modify support orders in contempt proceedings, and O.C.G.A. § 19-6-17(e)(1)(3) precluded retroactive modification of child support. Ga. Dep't of Human Res. v. Gamble, 297 Ga. App. 509, 677 S.E.2d 713 (2009).

Cited in Burns v. Swinney, 168 Ga. App. 902, 310 S.E.2d 733 (1983); Pirkle v. Department of Human Resources, 178 Ga. App. 719, 344 S.E.2d 520 (1986); Neal v. State, 182 Ga. App. 37, 354 S.E.2d 664 (1987).

RESEARCH REFERENCES

ALR.

- Right to credit on child support payments for social security or other government dependency payments made for benefit of child, 34 A.L.R.5th 447.

No results found for Georgia Code 19-11-7.