Required Financial Institution Action

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  1. Upon receipt of a notice under Code Section 19-11-35, the financial institution shall do all of the following:
    1. Immediately encumber funds in all accounts in which the obligor has an interest to the extent of the debt indicated in the notice; and
    2. Forward the moneys encumbered to the child support enforcement agency no sooner than 15 days and no later than 20 days from the date the financial institution receives the notice pursuant to Code Section 19-11-35. Such money shall not be forwarded, however, if the child support enforcement agency notifies the financial institution of a challenge by an obligor or an account holder of interest. All encumbered moneys that are forwarded must be accompanied by the obligor's name and social security number, child support enforcement account number, and any other information required in the notice.
  2. The financial institution may assess a fee against the obligor, not to exceed $10.00, for forwarding of moneys to the child support enforcement agency. This fee is in addition to the amount of support due. In the event that there are insufficient moneys to cover the fee and the support due, the institution may deduct the fee amount prior to forwarding moneys to the child support enforcement agency or its collection services center, and the amount credited to the support obligation shall be reduced by the fee amount.

(Code 1981, §19-11-38, enacted by Ga. L. 1997, p. 1613, § 31; Ga. L. 2017, p. 646, § 2-3/SB 137.)

The 2017 amendment, effective July 1, 2017, twice substituted "child support enforcement agency" for "IV-D agency" in paragraph (a)(2) and in subsection (b).

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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