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Official Code of Georgia Annotated

Title 19. DOMESTIC RELATIONS · Chapter 11. ENFORCEMENT OF DUTY OF SUPPORT · Article 1. CHILD SUPPORT RECOVERY ACT

19-11-8. Department’s duty to enforce support of abandoned minor public assistance recipient; scope of action.

Active

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

  1. (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.#

  2. (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.#

  3. (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.#

  4. (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.#

  5. (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.#

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

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.

Other notes

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.

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, pages 1128 to 1129; merge action: carried; file SHA-256 eddc877da9f2.