Investigation to Determine Ability to Support; Notification of Parent; Information Forms; Penalty for Falsifying Parents' Report

1. Law
2. Georgia Code
3. Domestic Relations
4. Enforcement of Duty of Support
5. Child Support Recovery Act
6. Investigation to Determine Ability to Support; Notification of Parent; Information Forms; Penalty for Falsifying Parents' Report

1. In cases in which a parent's obligation to support has not already been established by a court order, the department may conduct investigations to determine whether a responsible parent is able to support the dependent child receiving public assistance. The department shall notify the parents of any such planned investigation.
2. The department shall notify the parent of his legal duty to support his child or children and shall request information concerning his financial status in order to determine whether he is financially able to provide support.
3. The notice shall inform the parent that he may be liable for reimbursement of any support furnished prior to determination of his financial circumstances as well as future support.
4. Information requested shall be submitted on forms prescribed by the department and shall contain a sworn declaration of income, resources, and other matters bearing on the parent's ability to provide support. The department shall review the forms returned by each obligor and supplement the information provided therein, where required.
5. Any person who knowingly falsifies the parent's report of his income and resources shall be punished as for false swearing.

(Ga. L. 1973, p. 192, §§ 9, 10; Ga. L. 1976, p. 1537, § 8.)

Cross references.

- Penalty for false swearing, § 16-10-71.

Law reviews.

- For annual survey of law of domestic relations, see 38 Mercer L. Rev. 179 (1986).

JUDICIAL DECISIONS

Parent must be informed of duty to support.

- When parents are divorced and custody is awarded to one parent, the parent not having custody must be notified by the state of his or her duty to support and of the application for Aid to Families with Dependent Children payments even when the department does not make an investigation of the parent's ability to support under O.C.G.A. § 19-11-10. Burns v. Swinney, 252 Ga. 461, 314 S.E.2d 440 (1984).

When parents are divorced and custody is awarded to one parent, when the parent not having custody has not been ordered by any court to pay child support, and when the nonpaying parent's address is known or can be ascertained, the state must notify the parent of the duty of support and of the application for Aid to Family for Dependent Children payments before such parent becomes obligated to reimburse the state for such payment. Department of Human Resources v. Johnson, 175 Ga. App. 610, 333 S.E.2d 845 (1985).

No recovery by department against putative father.

- Department was not entitled to recover public assistance payments from putative father since his obligation to support had not been established by a court order, and there had not even been an adjudication of paternity. Gresham v. Georgia Dep't of Human Resources, 257 Ga. 747, 363 S.E.2d 544 (1988).

Notice to alleged father of duty to support.

- Department of Human Resources may not recover public assistance payments made on the child's behalf prior to the defendant's first receiving notice that the Department of Human Resources intends to hold him liable. Gresham v. Georgia Dep't of Human Resources, 257 Ga. 747, 363 S.E.2d 544 (1988).

Agreement that each parent supports only child in his/her custody not enforceable.

- When divorced parents agree to the terms of a divorce settlement in which each parent has custody of one of two children and therefore no obligation to pay child support, this term of the agreement is not enforceable, and the Department of Human Resources may obtain reimbursement from the father for aid to families with dependent children payments for maintenance of the child in the mother's custody. Collins v. Collins, 172 Ga. App. 748, 324 S.E.2d 475 (1985).

Cited in Young v. Department of Human Resources, 148 Ga. App. 518, 251 S.E.2d 578 (1978); Cox v. Cox ex rel. State Dep't of Human Resources, 255 Ga. 6, 334 S.E.2d 683 (1985); Pirkle v. Department of Human Resources, 178 Ga. App. 719, 344 S.E.2d 520 (1986).

RESEARCH REFERENCES

Am. Jur. 2d.

- 79 Am. Jur. 2d, Welfare Laws, §§ 17 et seq., 80.

ALR.

- Power of divorce court, after child attained majority, to enforce by contempt proceedings payment of arrears of child support, 32 A.L.R.3d 888.

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