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Official Code of Georgia Annotated

Title 18. DEBTOR AND CREDITOR · Chapter 4. GARNISHMENT PROCEEDINGS · Article 3. CONTINUING GARNISHMENT FOR CHILD SUPPORT OR SPOUSAL SUPPORT

18-4-52. Affidavit of continuing garnishment for support; service.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    In addition to the information required by subsection (a) of Code Sections 18-4-3 and 18-4-41, the plaintiff shall attach a certified copy of the judgment to be enforced to the affidavit of continuing garnishment for support and shall state the following in such affidavit:#

    1. (1)

      That the defendant is in arrears on the obligation of support in an amount equal to or in excess of one month’s obligation as decreed in such judgment;#

    2. (2)

      The amount of arrearage which exists under such judgment as of the date of the execution of the affidavit;#

    3. (3)

      The amount of support due under the judgment for each obligee named therein, taking into account the possible attainment of majority or emancipation or death of any minor child named in such judgment; and#

    4. (4)

      The date of the termination of the obligation of support of each obligee named in the judgment, based upon the terms of such judgment, or, as to any obligee who is a minor child, the date each such obligee shall attain the age of 18 years.#

  2. (b)

    Such affidavit may be amended from time to time by subsequent affidavits of any party showing a modification or other amendment to the original judgment being enforced. Such amended or subsequent affidavits shall include a certified copy of any such modification or amendment and shall contain the information required by paragraphs (1) through (4) of subsection (a) of this Code section.#

  3. (c)

    The plaintiff shall serve the summons of continuing garnishment for support and provide notice of exemptions in the same manner as provided for in Code Section 18-4-8.#

  4. (d)

    The form for an affidavit of continuing garnishment for support is set forth in Code Section 18-4-73.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 18-4-52, enacted by Ga. L. 2016, p. 8, § 1/SB 255.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t18-t19-(v16)-2022-pdf.pdf, Volume V16, 2022 edition, page 240; merge action: carried; file SHA-256 eddc877da9f2.