Process to Collect Delinquent Support Accounts

  1. Law
  2. Georgia Code
  3. Domestic Relations
  4. Enforcement of Duty of Support
  5. Child Support Recovery Act
  6. Process to Collect Delinquent Support Accounts

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  1. Notwithstanding other statutory provisions which provide for the execution, attachment, or levy against accounts, the child support enforcement agency may utilize the process established in this Code section and Code Sections 19-11-33 through 19-11-39 to collect delinquent support payments, provided that any exemptions or exceptions which specifically apply to enforcement of support obligations pursuant to Code Section 18-4-6 shall also apply.
  2. An obligor is subject to the provisions of this Code section and Code Sections 19-11-33 through 19-11-39 if the obligor's support obligation is being enforced by the child support enforcement agency and if the support payments ordered pursuant to Georgia law or under a comparable statute of a foreign jurisdiction, as certified to the child support enforcement agency, are delinquent in an amount equal to the support payment for one month.
  3. Any amount forwarded by a financial institution under this Code section and Code Sections 19-11-33 through 19-11-39 shall not exceed the delinquent or accrued amount of support owed by the obligor.

(Code 1981, §19-11-32, enacted by Ga. L. 1997, p. 1613, § 31; Ga. L. 2014, p. 457, § 12/SB 282; Ga. L. 2014, p. 866, § 19/SB 340; Ga. L. 2017, p. 646, § 1-24/SB 137.)

The 2017 amendment, effective July 1, 2017, in subsection (a), substituted "child support enforcement agency" for "IV-D agency, including its authorized contractors," near the middle, and substituted "Code Section 18-4-6" for "other statutory provisions" near the end; and twice substituted "child support enforcement" for "IV-D" in subsection (b).

Editor's notes.

- Ga. L. 2014, p. 866, § 54(e)/SB 340, not codified by the General Assembly, provides: "In the event of a conflict between a provision in Sections 1 through 53 of this Act and a provision of another Act enacted at the 2014 regular session of the General Assembly, the provision of such other Act shall control over the conflicting provision in Sections 1 through 53 of this Act to the extent of the conflict." Accordingly, the amendment to subsection (c) of this Code section by Ga. L. 2014, p. 866, § 19(2)/SB 340 was not given effect.

Law reviews.

- For article on the 1997 enactment of this Code section, see 14 Ga. St. U.L. Rev. 121 (1997).


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