Support Enforcement Agency's Services; Determining Controlling Order; Foreign Currency Conversion; Enforcement of Support Order and Income Withholding Order of Another State; Absence of Fiduciary Relationship

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  2. Georgia Code
  3. Domestic Relations
  4. Enforcement of Duty of Support
  5. Uniform Interstate Family Support Act
  6. Civil Provisions
  7. Support Enforcement Agency's Services; Determining Controlling Order; Foreign Currency Conversion; Enforcement of Support Order and Income Withholding Order of Another State; Absence of Fiduciary Relationship

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  1. A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this article.
  2. A support enforcement agency of this state that is providing services to the petitioner shall:
    1. Take all steps necessary to enable an appropriate tribunal of Georgia, another state, or a foreign country to obtain jurisdiction over the respondent;
    2. Request an appropriate tribunal to set a date, time, and place for a hearing;
    3. Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;
    4. Within five days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner or other appropriate agency;
    5. Within five days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and
    6. Notify the petitioner if jurisdiction over the respondent cannot be obtained.
  3. A support enforcement agency of this state that requests registration of a child support order in this state for enforcement or for modification shall make reasonable efforts:
    1. To ensure that the order to be registered is the controlling order; or
    2. If two or more child support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.
  4. A support enforcement agency of this state that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.
  5. A support enforcement agency of this state shall issue or request a tribunal of Georgia to issue a child support order and an income withholding order that redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to Code Section 19-11-138.
  6. This article does not create a relationship of attorney-client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.

(Code 1981, §19-11-126, enacted by Ga. L. 1997, p. 1613, § 33; Ga. L. 2013, p. 705, § 1/SB 193.)


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