Payment of support pursuant to an administrative determination or a voluntary agreement shall be made to the department. In non-TANF cases, where the department deems it appropriate, it may authorize distribution of the actual payment by other individuals, agencies, or entities and utilize certification schedules reflecting such payments or distributions which the department requires, in accordance with the federal Social Security Act, as amended. Child support which is ordered by a court pursuant to a divorce decree or in any other proceeding in which the responsible parent is required to pay support for his or her child or children, whether the proceeding is civil or criminal, shall be paid by the responsible parent, the clerk of court, the juvenile probation officer, the community supervision officer, the child support receiver, or a similar official who is collecting support to the department upon the department's certification that the child is a recipient of public assistance or upon the department's certification that an application has been filed with the department for enforcement of support in accordance with the provisions of the federal Social Security Act.
(Ga. L. 1973, p. 192, § 16; Ga. L. 1976, p. 1537, § 14; Ga. L. 1982, p. 1207, §§ 3, 6; Ga. L. 1997, p. 1021, § 8; Ga. L. 2015, p. 422, § 5-44/HB 310.)
Cross references.- Collection of support payments by child support receivers, T. 15, C. 15.
Editor's notes.- Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides, in part, that the amendment by this Act shall apply to sentences entered on or after July 1, 2015.
U.S. Code.- The federal Social Security Act, referred to in this Code section, is codified at 42 U.S.C. § 301 et seq.
Law reviews.- For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 284 (1997). For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015).
JUDICIAL DECISIONS
Cited in Department of Human Resources v. Bagley, 240 Ga. 306, 240 S.E.2d 867 (1977); Young v. Department of Human Resources, 148 Ga. App. 518, 251 S.E.2d 578 (1978).
OPINIONS OF THE ATTORNEY GENERAL
Payment to department upon certification of receipt of public assistance.
- Upon certification by the Department of Human Resources that the child is the recipient of public assistance, the clerk of court or probation officer must remit all child support money paid as a condition of probation to the Department. 1974 Op. Att'y Gen. No. 74-38.
Department may delegate power to collect child support payments.- Department of Human Resources is authorized to delegate to an appropriate agency the power to collect child support recovery unit payments from the responsible parent. 1982 Op. Att'y Gen. No. 82-99.
Department may not delegate power to employees of local probation offices.- Department of Offender Rehabilitation (now Department of Corrections) may not enter into an arrangement with the Department of Human Resources in which employees of local probation offices, other than probation supervisors, may collect child support recovery unit money which arises from civil proceedings brought by the Department of Human Resources on behalf of errant fathers. 1982 Op. Att'y Gen. No. 82-99.
RESEARCH REFERENCES
ALR.
- Right to credit on child support payments for social security or other government dependency payments made for benefit of child, 34 A.L.R.5th 447.