O.C.G.A.

O.C.G.A. § 19-11-8 (2019)

Department’s duty to enforce support of abandoned minor public assistance recipient; scope of action

✓ 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) Whenever the department receives an application for public assistance on behalf of a child and it appears that the child has been abandoned by one or both parents or that the responsible parent has failed to provide support to the child, it is the department’s responsibility to take appropriate action under this article, the child support statutes, or other appropriate state and federal statutes to assure that the responsible parent supports the child. (b) The department shall accept applications for child support enforcement services from a custodian of a minor child who is not a recipient of public assistance and shall take appropriate action under this article, the child support statutes, or other state and federal statutes to assure that the responsible parent supports the child. The department shall provide that a reasonable application fee be charged each individual who applies for services under this subsection. The department shall enforce an order for alimony so long as child support is being collected along with alimony and all provisions of subsection (d) of Code Section 19-11-6 are met.

(c) The department shall accept applications from noncustodial parents for services as provided for in this article and federal law and regulations. The department shall provide for a reasonable application fee for a noncustodial parent who applies for services under this subsection. (d) Any action initiated by the department pursuant to subsection (a), (b), or (c) 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. (e) The department shall be authorized to charge the obligor a federal Deficit Reduction Act of 2005 fee of $35.00 for each case. Such fee shall only apply to an obligor when the obligee has never received public assistance payments pursuant to Title IV-A or Title IV-E of the federal Social Security Act. The department shall retain such fee and collect such fee through income withholding, as well as by any other enforcement remedy available to the entity within the department authorized to enforce a duty of support.

History

Ga. L. 1973, p. 192, § 7; Ga. L. 1976, p. 1537, § 6; Ga. L. 1982, p. 1207, §§ 2, 5; Ga. L. 1983, p. 1816, § 4; Ga. L. 1984, p. 567, § 1; Ga. L. 1985, p. 785, § 6; Ga. L. 1987, p. 186, § 4; Ga. L. 2003, p. 415, § 4; Ga. L. 2007, p. 667, § 2/SB 42; Ga. L. 2017, p. 646, § 1-18/SB 137; Ga. L. 2018, p. 937, § 2-2/SB 427. U.S. Code. Title IV-A of the federal Social Security

Act, referred to in this Code section, is codified at 42 U.S.C. § 601 et seq. Title IV-E of the federal Social Security Act, referred to in this Code section, is codified at 42 U.S.C. § 670 et seq. Deficit Reduction Act of 2005, referred to in this Code section, is codified at Public Law 109-171, 120 Stat. 154.

Annotations

JUDICIAL DECISIONS Impact of 2003 amendment. - In the 2003 amendments to the Child Support Recovery Act, O.C.G.A. § 19-11-1 et seq., the General Assembly unambiguously broadened the legislature’s intent, expressly permitting the Department of Human Resources to accept applications for child support services from non-custodial parents and to review, and even to seek downward modifications of, support awards under the provisions of the Act. Falkenberry v. Taylor, 278 Ga. 842, 607 S.E.2d 567, 2005 Ga. LEXIS 23 (2005). State has a real interest in recovering payments by the state, which would not have been made had the responsible parent lived up to that parent’s duty; and

the purpose of Ga. L. 1976, p. 1537, §§ 5 and 6 (see now O.C.G.A. §§ 19-11-6 and 19-11-8) is to secure that reimbursement. Department of Human Resources v. Bagley, 240 Ga. 306, 240 S.E.2d 867, 1977 Ga. LEXIS 1486 (1977). Action on behalf of child not receiving public assistance. - Department of Human Resources is authorized to file modification actions on behalf of children who do not receive public assistance only in cases where the child’s need for additional support can be shown; the Department is not authorized to seek modification of support on behalf of a child not receiving public assistance solely on the basis of a change in either parent’s finan-

cial circumstances. Allen v. Georgia Dep’t of Human Resources, 262 Ga. 521, 423 S.E.2d 383, 1992 Ga. LEXIS 943 (1992). State’s right to reimbursement continues although state fails to initiate action. - To the extent that the state paid public assistance on behalf of the child which would not have been made had the responsible parent been current in paying that parent’s support payments, the state is entitled under assignment provided for in Ga. L. 1976, p. 1537, § 5 (see now O.C.G.A. § 19-11-6) to be reimbursed for the state’s excess payments out of support payments for that child recovered from the responsible parent, upon appropriate proof of the extent of the state’s claim. This right continues even if the state fails to perform the state’s duty to initiate the action under Ga. L. 1976, p. 1537, § 6 (see now O.C.G.A. § 19-11-8). Department of Human Resources v. Bagley, 240 Ga. 306, 240 S.E.2d 867, 1977 Ga. LEXIS 1486 (1977). Loss of right by department for failure to participate in action for recovery. - Should Department of Human Resources fail to actively participate when joined by the custodial parent in action to recover support payments, the Department may lose the Department’s claim for reimbursement. Department of Human Resources v. Bagley, 240 Ga. 306, 240 S.E.2d 867, 1977 Ga. LEXIS 1486 (1977). Custodial parent joining department in action. - When custodial parent is forced to bring action to recover support payments by failure or refusal of state to do so, the proper procedure is for the custodian to join the Department of Human Resources as plaintiff to suit. Department of Human Resources v. Bagley, 240 Ga. 306, 240 S.E.2d 867, 1977 Ga. LEXIS 1486 (1977). Department joined in action must pay costs and fees. - When the custodial parent is forced to bring an action to recover support payments by failure or

refusal of the state to do so, the Department of Human Resources may recover the Department’s reimbursement on condition that the Department agrees to reimburse the custodial parent for the costs of bringing the action, including reasonable attorney fees if approved by the court. Department of Human Resources v. Bagley, 240 Ga. 306, 240 S.E.2d 867, 1977 Ga. LEXIS 1486 (1977). Parent may cross-claim against Department of Human Resources for decision of what sums are due Department for reimbursement, if there is a dispute. Department of Human Resources v. Bagley, 240 Ga. 306, 240 S.E.2d 867, 1977 Ga. LEXIS 1486 (1977). Department’s failure to follow procedures. - The Department of Human Resources’ filing of a petition to establish a child support obligation when one already existed under the divorce decree and the Department’s failure to follow the specific procedures set forth in O.C.G.A. § 1911-12 for modifying a child support obligation was not harmless error. Ward v. Department of Human Resources, 273 Ga. 52, 537 S.E.2d 70, 2000 Ga. LEXIS 685 (2000). Order modified earlier support order in divorce case. - Child support order entered in a case brought against a father by the Georgia Department of Human Resources on behalf of the couple’s child seeking a child support modification limited the father’s support obligation despite an earlier child support order entered in the divorce case. Louradour v. Britt, 278 Ga. 168, 598 S.E.2d 464, 2004 Ga. LEXIS 476 (2004). Modification and domestication of foreign decree. - Department of Human Resources was entitled to seek domestication of a foreign divorce decree in the source action in which modification of the decree was sought. Allen v. Georgia Dep’t of Human Resources, 262 Ga. 521, 423 S.E.2d 383, 1992 Ga. LEXIS 943 (1992).

OPINIONS OF THE ATTORNEY GENERAL Application fee for support recovery services. - No application fee for child support recovery services should be

charged under O.C.G.A. § 19-11-8. 1983 Op. Att’y Gen. No. U83-67.

RESEARCH REFERENCES Am. Jur. 2d. 79 Am. Jur. 2d, Welfare Laws, § 79.

Notes of Decisions

Cited in 10 cases, 1984–2005 · leading case: Allen v. Georgia Dep't of Human Resources, 423 S.E.2d 383 (Ga. 1992).

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Allen v. Georgia Dep't of Human Resources, 423 S.E.2d 383 (Ga. 1992). · cites it 48× “Since the DHR lacks standing to bring the modification action, argues the appellant, Jean Allen is a necessary party to the action.”

Butler v. Turner, 555 S.E.2d 427 (Ga. 2001). · cites it 4× “2d 703 (2000), to consider: (1) whether the Court of Appeals erred in holding that a parent who assigns to the Department of Human Resources (DHR) the parent's rights to seek child support as a condition of receiving benefits is in privity with the DHR in its action to establish…”

Ward v. Dep't of Human Resources, 537 S.E.2d 70 (Ga. 2000). · cites it 8× “Under OCGA § 19-11-8 (b), DHR is required to accept applications for child support enforcement services from a custodian of a minor child who is not a recipient of public assistance.”

Cox v. Dep't of Human Resources, 334 S.E.2d 683 (Ga. 1985). · cites it 4× “OCGA § 19-11-8. [6] We note that the DHR's petition against Ms.”

Burns v. Swinney, 314 S.E.2d 440 (Ga. 1984). · cites it 2× “” 2 *463 OCGA § 19-11-8 (a) (Code Ann. § 99-907b) provides: “Whenever the department receives an application for public assistance on behalf of a child and it appears that the child has been abandoned by one or both parents or that the responsible parent has failed to provide…”

Dep't of Human Resources v. Allison, 575 S.E.2d 876 (Ga. 2003). “When subsection (c) of OCGA § 19-11-12 is construed in its state and federal statutory context, it cannot apply to every child support order without regard to prior involvement of the IV-D agency.”

Dep't of Human Resources v. Mitchell, 501 S.E.2d 508 (Ga. Ct. App. 1998). · cites it 2× “Further, OCGA § 19-11-8 (a) places a statutory duty on DHR to take action under the Child Support Recovery Act, the child support statutes, and other appropriate state and federal statutes to assure that a child who has applied for public assistance is supported by the…”

Dep't of Human Resources v. Siggers, 463 S.E.2d 544 (Ga. Ct. App. 1995). · cites it 2× “of Human Resources, supra at 523-524 (2) (interpreting OCGA § 19-11-8 (b) to authorize DHR to file modification actions on behalf of children not receiving public assistance only when DHR can show child’s need for additional support).”

Falkenberry v. Taylor, 607 S.E.2d 567 (Ga. 2005). · cites it 2× “This Court’s holding in Allen was based on the apparent legislative intent of former OCGA § 19-11-8 to “authorize DHR to pursue appropriate action to assure adequate support from the responsible parent of a minor child not receiving public assistance, in order to prevent the…”

Louradour v. Britt, 598 S.E.2d 464 (Ga. 2004). · cites it 2× “521 (1), where this Court held DHR was authorized under OCGA § 19-11-8 (b) to bring an action seeking upward modification of a child support obligation imposed by a final judgment and decree of divorce on behalf of a child not receiving public assistance.”

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.