Georgia Code, Title 19, Chapter 11, Article 1 - Child Support Recovery Act
- § 19-11-1 - Short Title
This article shall be known and may be cited as the "Child Support Recovery Act."
- § 19-11-2 - Purposes of Article; Construction
(a) The underlying purposes of this article are: (1) To provide that public assistance to needy children is a supplement to the contribution of...
- § 19-11-3 - Definitions
As used in this article, the term: (1) "Account" means a demand deposit account, checking or negotiable order of withdrawal account, savings account, time...
- § 19-11-4 - Application of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
In administering this article, the department shall be governed by Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
- § 19-11-5 - Debt to State Created by Payment of Public Assistance; Amount of Debt; Waiver, Reduction, or Negotiation of Certain Repayments
(a) The payment of public assistance to or on behalf of a child creates a debt due and owing the state by the parent...
- § 19-11-6 - Enforcement of Child Support Payments and Alimony for Public Assistance Recipients
(a) By accepting public assistance for or on behalf of a child or children, including foster care maintenance payments made pursuant to Title IV-E...
- § 19-11-7 - Enforcement of Support Payments for Dependent Minor Child Public Assistance Recipients; Attorney's Fees; Interest on Judgment; Limited Scope of Action
(a) Whenever any dependent minor child is receiving public assistance, the department may recover any sum of money due the dependent child. The action...
- § 19-11-8 - Department's Duty to Enforce Support of Abandoned Minor Public Assistance Recipient; Scope of Action
(a) Whenever the department receives an application for public assistance on behalf of a child and it appears that the child has been abandoned...
- § 19-11-9 - Location of Absent Parents by Department; Assistance of Other Governmental Agencies; Putative Father Registry; Use of Information Obtained
(a) The department shall attempt to locate absent parents.(b) The department is to serve as a registry for the receipt of information which directly...
- § 19-11-9.1 - Duty to Furnish Information About Obligor to Department; Use of Information Obtained; Penalty for Noncompliance
(a) Any entity in this state including for profit, nonprofit, and governmental employers, upon the request of the department and its authorized contractors, shall...
- § 19-11-9.2 - Duty of Employers to Report Hiring or Rehiring of Persons
(a) Employers doing business in the State of Georgia shall report to the Georgia state support registry managed by the Department of Human Services:...
- § 19-11-9.3 - Suspension or Denial of License for Noncompliance With Child Support Order; Interagency Agreements; Report to General Assembly; Duty to Inform Obligors
(a) As used in this Code section, the term: (1) "Agency" means the agency within the Department of Human Services which is responsible for...
- § 19-11-10 - Investigation to Determine Ability to Support; Notification of Parent; Information Forms; Penalty for Falsifying Parents' Report
(a) In cases in which a parent's obligation to support has not already been established by a court order, the department may conduct investigations...
- § 19-11-11 - Issuance of Subpoenas by Department; Court Order Requiring Compliance
The department may examine any books, papers, or memoranda bearing upon the determination of the ability to support and for this purpose may, by...
- § 19-11-12 - Review of Orders for Child Support; Review Procedures; Order Adjusting Support Award Amount; No Release From Liability Due to Subsequent Financial Obligation
(a) The IV-D agency shall review orders for child support in accordance with the guidelines prescribed in Code Section 19-6-15.(b) (1) The IV-D agency...
- § 19-11-13 - Determination of Paternity; Acknowledgment Under Oath; Legal Proceedings
Whenever the department receives an application for services under this article on behalf of a child born out of wedlock and the child's mother...
- § 19-11-14 - Father's Liability for Support of Child Born Out of Wedlock; Full Faith and Credit to Paternity Determination by Another State
(a) Whenever a man has been adjudicated by a court of competent jurisdiction or an administrative tribunal as the father of a child born...
- § 19-11-15 - Voluntary Support Agreement; Notice and Hearing; Notice of Final Determination; Information to Be Included Therein
(a) When the department has completed its investigation, has determined the ability of the absent parent to support his or her child or children...
- § 19-11-15.1 - Information Required to Be Given to Individuals Receiving Services
The IV-D agency shall provide individuals who are applying for or receiving services under this article, or who are parties to cases in which...
- § 19-11-16 - Periodic Redeterminations and Reinvestigations
The department may conduct periodic redeterminations and reinvestigations of the ability of the parent to furnish support. Any initial determination of the ability to...
- § 19-11-17 - Redetermination At Request of Parent; Time for Hearing
Whenever a parent has been determined able to support his child pursuant to Code Section 19-11-15 or 19-11-16 but is unable to provide the...
- § 19-11-18 - Collection Procedures; Notice; Judicial Review
(a) The IV-D agency, in accordance with Title IV, Part D of the federal Social Security Act, is authorized to institute collection procedures for...
- § 19-11-19 - Garnishment and Orders to Withhold and Deliver; Notice and Hearing; Procedure; Liability of Employer Failing to Answer Order to Withhold and Deliver
(a) For purposes of this Code section, the term: (1) "Disposable earnings" shall be construed to mean that part of the earnings of an...
- § 19-11-20 - Wage Assignments
(a) A parent responsible for child support payments may make an assignment of a portion of his wages to the department in order to...
- § 19-11-21 - Payment of Support to Department
Payment of support pursuant to an administrative determination or a voluntary agreement shall be made to the department. In non-TANF cases, where the department...
- § 19-11-22 - Article Not Exclusive
The procedures, actions, and remedies provided in this article shall in no way be exclusive but shall be in addition to and not in...
- § 19-11-23 - Authority of District Attorneys
(a) The district attorneys of this state shall be authorized to render such assistance to the department as the department may request and to...
- § 19-11-24 - Conformity With Federal Law Intended; Adoption of Necessary Regulations Authorized
Nothing in this article is intended to conflict with any federal law or to result in the loss of federal funds. The department may...
- § 19-11-25 - Availability of Information About Overdue Support to Consumer Reporting Agency; Notice to Debtor Parent; Fee
(a) In accordance with Section 466(a) of the federal Social Security Act, the department shall make available information regarding the amount of overdue support...
- § 19-11-26 - Accident and Sickness Insurance Coverage for Children; Order Requiring Medical Support
(a) In all cases involving the assignment and collection of child support, or where medical assistance benefits are being provided, the department or court...
- § 19-11-27 - Accident and Sickness Insurance Coverage for Children; National Medical Support Notice or Other Notice of Enrollment; Establishment of Coverage
(a) Whenever a party to a court order who is required to maintain accident and sickness insurance fails to provide such coverage as ordered,...
- § 19-11-28 - Accident and Sickness Insurance Coverage for Children; Authorization of Payments of Benefits; Notice of Termination; Immunity From Liability of Person or Entity Providing Access to Coverage
(a) The signature of the medical insurance obligee or an agent of the department shall constitute a valid authorization to any insurer to process...
- § 19-11-29 - Accident and Sickness Insurance Coverage for Children; Liability and Penalty Applicable to Person or Entity Providing Access to Coverage and Insurers
(a) Any person or entity providing access to accident and sickness insurance coverage on behalf of a medical insurance obligor in connection with the...
- § 19-11-30 - Confidentiality of Information and Records; Safeguards Against Unauthorized Use
(a) (1) Information and records obtained by the department pursuant to any provision of this article or Title IV-D of the federal Social Security...
- § 19-11-30.1 - Computer Based Registry
The department shall establish a computer based registry of account data obtained from financial institutions doing business in this state. Such registry shall include...
- § 19-11-30.2 - Information From Financial Institutions
(a) As used in this Code section, the term "for cause" means that the department has reason to believe that an individual has opened...
- § 19-11-30.3 - Responsibility of Department of Human Services Bank Match Registry
The Department of Human Services Bank Match Registry shall examine the data provided, make positive identification of cases submitted by the IV-D agency for...
- § 19-11-30.4 - Disclosure of Information
No employee or agent of the state shall divulge any information collected pursuant to Code Sections 19-11-30.1 through 19-11-30.3 or Code Section 19-11-30.6 to...
- § 19-11-30.5 - Failure of Financial Institution to Comply
Any financial institution required to submit a report pursuant to Code Section 19-11-30.2 which fails without reasonable cause as determined by the department to...
- § 19-11-30.6 - Reciprocal Agreements With Other States
The commissioner of human services, in cooperation with the IV-D agency, shall establish a program of wage and bank information sharing with other states....
- § 19-11-30.7 - Construction
Code Sections 19-11-30, 19-11-30.4, and 19-11-30.6 shall not be construed to prevent the release by the commissioner of human services of such wage and...
- § 19-11-30.8 - Annual Reports
The commissioner of human services shall file an annual report describing the status of the wage reporting and bank match systems. The report shall...
- § 19-11-30.9 - Information Subject to Disclosure; Penalty
As an exception to Code Section 7-1-360, a financial institution furnishing a report or providing information for the commissioner of human services under Code...
- § 19-11-30.10 - Authority to Levy and Seize Deposit
The IV-D agency shall have the authority to levy and seize a deposit or account in accordance with Code Section 19-11-32.
- § 19-11-30.11 - Fee on Levied Accounts
A financial institution may charge an account levied on by the commissioner of human services a fee, as determined by the commissioner, of not...
- § 19-11-31 - Joint Study Committee on Child Support
Reserved. Repealed by Ga. L. 1994, p. 1728, ยง 4, effective January 1, 1995.
- § 19-11-32 - Process to Collect Delinquent Support Accounts; Limitation
(a) Notwithstanding other statutory provisions which provide for the execution, attachment, or levy against accounts, the IV-D agency, including its authorized contractors, may utilize...
- § 19-11-33 - Notice
The IV-D agency may proceed under Code Section 19-11-32, this Code section, and Code Sections 19-11-34 through 19-11-38 only if notice has been provided...
- § 19-11-34 - Verification; Immunity From Liability
(a) The IV-D agency may contact a financial institution to obtain verification of the account number, the names and social security numbers listed for...
- § 19-11-35 - Initiation of Administrative Action for Levy; Required Information in Notice to Financial Institution
(a) If an obligor is subject to the provisions of Code Section 19-11-32, the IV-D agency may initiate an administrative action to levy against...
- § 19-11-36 - Required Information in Notice to Obligor
The IV-D agency shall notify an obligor subject to an administrative levy, as well as any other party known to have an interest in...
- § 19-11-37 - Challenges to Levy; Mistakes; Procedures; Reimbursement
(a) Challenges to the administrative levy for child support arrearage may be initiated only by an obligor or by an account holder of interest....
- § 19-11-38 - Required Financial Institution Action
(a) Upon receipt of a notice under Code Section 19-11-35, the financial institution shall do all of the following: (1) Immediately encumber funds in...
- § 19-11-39 - Computerized Central Case Registry for Support Orders
(a) The department shall create by contract, cooperative agreement, or otherwise a computerized central case registry for all support orders entered by any court...
Last modified: October 14, 2016