Voluntary Support Agreement; Notice and Hearing; Notice of Final Determination

  1. Law
  2. Georgia Code
  3. Domestic Relations
  4. Enforcement of Duty of Support
  5. Child Support Recovery Act
  6. Voluntary Support Agreement; Notice and Hearing; Notice of Final Determination

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  1. When the department has completed its investigation, has determined the ability of the absent parent to support his or her child or children in accordance with guidelines prescribed in Code Section 19-6-15, and believes that the absent parent is able to furnish a certain amount of support, the department may, as an exception to Code Section 9-12-18, request the absent parent to enter into a proposed consent order and income deduction order to provide the support amount and accident and sickness insurance coverage consistent with Code Section 19-11-26 prior to the filing of an action with the superior court. The orders may not be set aside on the grounds that the parties consented thereto prior to the filing of the action. An income deduction order shall issue consistent with Code Sections 19-6-30 through 19-6-33.1. If the department is unable to secure a proposed consent order from the parent, the department may file an action in superior court or may initiate an administrative action pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
  2. The administrative hearing shall be conducted within 20 days of the filing date, the absent parent shall be notified of the hearing at least ten days before it is held, and the hearing decision shall issue not more than ten days after the hearing.
  3. The determination of the administrative law judge regarding the ability to provide support and the ability to provide accident and sickness insurance coverage shall be delivered to the absent parent personally or shall be sent by first-class mail. The final order shall include an income deduction order consistent with Code Sections 19-6-30 through 19-6-33.1, and shall inform the absent parent in plain language:
    1. That failure to support may result in the foreclosure of liens on his or her personal or real property, in garnishment of his or her earnings or other personalty, or in other collection actions; and
    2. That the absent parent has the right to appeal the determination within 30 days.
  4. The final administrative order for support shall have the full force and effect of an order of a superior court of this state and shall be enforceable upon filing with such court under an action for contempt. All other remedies available under the law shall be available for the enforcement of such administrative orders.

(Ga. L. 1973, p. 192, §§ 11, 12; Ga. L. 1976, p. 1537, § 12; Ga. L. 1989, p. 861, § 5; Ga. L. 1997, p. 1613, § 27; Ga. L. 2017, p. 646, § 1-21/SB 137.)

The 2017 amendment, effective July 1, 2017, substituted "19-6-33.1" for "19-6-34" immediately preceding the period at the end of the third sentence of subsection (a) and near the end of the introductory paragraph of subsection (c); and, in subsection (c), in the introductory language, substituted "first-class" for "regular" near the end of the first sentence and substituted "income deduction order" for "order for income deduction" near the middle of the second sentence, and, in paragraph (c)(1), substituted "earnings" for "wages".

Law reviews.

- For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 121 (1997). For survey article on domestic relations law, see 59 Mercer L. Rev. 139 (2007).

JUDICIAL DECISIONS

Cited in Burns v. Swinney, 252 Ga. 461, 314 S.E.2d 440 (1984).


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