Additional Divorce Case Filing Fee for Children's Trust Fund

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  2. Georgia Code
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  5. Clerks of Superior Courts
  6. Additional Divorce Case Filing Fee for Children's Trust Fund

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  1. In addition to any fees required in Code Sections 15-6-77 and 47-14-51, for filing each divorce case, the clerk of superior court shall charge an additional fee of $5.00. Each clerk of the superior court shall collect the additional fees for divorce cases as provided in this Code section and shall pay such moneys over to the Georgia Superior Court Clerks' Cooperative Authority by the last day of the month there following, to be deposited by the authority into the general treasury. The authority shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this Code section and shall submit such report and accounting to the Office of Planning and Budget, the House Budget and Research Office, and the Senate Budget and Evaluation Office no later than 60 days after the last day of the preceding quarter.
  2. When any such person whose duty it is to collect and pay over such moneys fails to remit the sums within 60 days of the date they are required to be paid over, the same shall be delinquent and there may be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of said principal amount per month for each month during which the money is continued to be delinquent, not to exceed a total of 25 percent of the principal amount.
  3. The sums provided for in this Code section shall be collected in accordance with the provision of subsection (b) of Code Section 15-6-77.

(Code 1981, §15-6-77.4, enacted by Ga. L. 1987, p. 1133, § 2; Ga. L. 1988, p. 13, § 15; Ga. L. 1991, p. 1324, § 2; Ga. L. 2004, Ex. Sess., p. ES3, § 1/HB 1EX; Ga. L. 2008, p. VO1, § 1-3/HB 529; Ga. L. 2014, p. 866, § 15/SB 340; Ga. L. 2019, p. 683, § 6/HB 288.)

The 2019 amendment, effective January 1, 2020, deleted ", 15-6-77.2, 15-6-77.3," following "15-6-77" in the first sentence of subsection (a).

Cross references.

- Designating amount of additional divorce case filing fees for Children's Trust Fund, § 19-14-21.

Editor's notes.

- Ga. L. 1987, p. 1133, § 6, not codified by the General Assembly, repeals this Code section effective July 1, 1995.

Ga. L. 1994, p. 509, § 8, not codified by the General Assembly, amends Ga. L. 1987, p. 1133, § 6, to change the date of repeal from July 1, 1995, to July 1, 2000.

Ga. L. 1999, p. 520, § 1, not codified by the General Assembly, amends Ga. L. 1987, p. 1133, § 6, to change the date of repeal from July 1, 2000, to July 1, 2010.

Ga. L. 2008, p. 568, § 14/HB 1054, not codified by the General Assembly, repealed Ga. L. 1987, p. 1133, § 6, as amended, so as to eliminate the July 1, 2010 repeal of this Code section.

Law reviews.

- For article, "2019 Legislative Review," see 24 Ga. St. B.J. 28 (June 2019).


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