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Call Now: 904-383-7448(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.)
- Subsection (e), as set out above, becomes effective October 1, 2018. For version of subsection (e) in effect until October 1, 2018, see the 2018 amendment note.
The 2017 amendment, effective October 1, 2017, substituted the present provisions of subsection (e) for the former provisions of subsections (e) and (f), which read: "(e) The department shall be authorized to charge the obligee a federal Deficit Reduction Act of 2005 fee of $12.00 to be paid at the rate of $1.00 per month after the IV-D agency has collected $500.00 of child support annually for each case. The department shall retain such fee and deduct such fee from child support collections before disbursement to the obligee. Such fee shall only apply to an obligee who has never received public assistance payments pursuant to Title IV-A or Title IV-E of the federal Social Security Act.
"(f) The department shall be authorized to charge the obligor a federal Deficit Reduction Act of 2005 fee of $13.00 to be paid in 12 monthly installments after the IV-D agency has collected $500.00 of child support annually 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 IV-D agency responsible for child support enforcement."
The 2018 amendment, effective October 1, 2018, substituted "$35.00" for "$25.00" in the first sentence of subsection (e).
- 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.
- 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).
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 and19-11-8) is to secure that reimbursement. Department of Human Resources v. Bagley, 240 Ga. 306, 240 S.E.2d 867 (1977).
- 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 financial circumstances. Allen v. Georgia Dep't of Human Resources, 262 Ga. 521, 423 S.E.2d 383 (1992).
- 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).
- 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).
- 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).
- 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).
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).
- 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. § 19-11-12 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).
- 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).
- 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).
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); Cox v. Cox ex rel. State Dep't of Human Resources, 255 Ga. 6, 334 S.E.2d 683 (1985).
- 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.
- 79 Am. Jur. 2d, Welfare Laws, § 79.
Total Results: 8
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: the apparent legislative intent of former OCGA § 19-11-8 to "authorize DHR to pursue appropriate action
Court: Supreme Court of Georgia | Date Filed: 2004-06-14
Citation: 278 Ga. 168, 598 S.E.2d 464, 2004 Fulton County D. Rep. 1960, 2004 Ga. LEXIS 476
Snippet: this Court held DHR was authorized under OCGA § 19-11-8 (b) to bring an action seeking upward modification
Court: Supreme Court of Georgia | Date Filed: 2003-01-13
Citation: 575 S.E.2d 876, 276 Ga. 175, 2003 Fulton County D. Rep. 132, 2003 Ga. LEXIS 3
Snippet: enforcement services pursuant to OCGA §§ 19-11-6(c) and 19-11-8(b), to increase the amount of support for a child
Court: Supreme Court of Georgia | Date Filed: 2001-11-19
Citation: 555 S.E.2d 427, 274 Ga. 566, 2001 Fulton County D. Rep. 3481, 2001 Ga. LEXIS 898
Snippet: establish a child support obligation under OCGA § 19-11-8; and (2) whether such parent may sue the other
Court: Supreme Court of Georgia | Date Filed: 2000-10-02
Citation: 537 S.E.2d 70, 273 Ga. 52, 2000 Fulton County D. Rep. 3780, 2000 Ga. LEXIS 685
Snippet: support obligation was harmless error. Under OCGA § 19-11-8(b), DHR is required to accept applications for
Court: Supreme Court of Georgia | Date Filed: 1992-11-16
Citation: 423 S.E.2d 383, 262 Ga. 521, 1992 Ga. LEXIS 943
Snippet: the statutory authority of the DHR under OCGA § 19-11-8,[2] and that therefore the DHR lacks standing to
Court: Supreme Court of Georgia | Date Filed: 1985-10-01
Citation: 334 S.E.2d 683, 255 Ga. 6, 1985 Ga. LEXIS 866
Snippet: ensure that the parent supports the child. OCGA § 19-11-8. We note that the DHR’s petition against Ms
Court: Supreme Court of Georgia | Date Filed: 1984-04-18
Citation: 314 S.E.2d 440, 252 Ga. 461, 1984 Ga. LEXIS 732
Snippet: order, hearing, or agreement."[2] *463 OCGA § 19-11-8 (a) (Code Ann. § 99-907b) provides: "Whenever the