Enforcement of Support Payments for Dependent Minor Child Public Assistance Recipients; Attorney's Fees; Interest on Judgment; Limited Scope of Action

  1. Law
  2. Georgia Code
  3. Domestic Relations
  4. Enforcement of Duty of Support
  5. Child Support Recovery Act
  6. Enforcement of Support Payments for Dependent Minor Child Public Assistance Recipients; Attorney's Fees; Interest on Judgment; Limited Scope of Action

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  1. Whenever any dependent minor child is receiving public assistance, the department may recover any sum of money due the dependent child. The action shall be brought in the name of the child for the use of the department.
  2. Pursuant to the authority provided in subsection (a) of this Code section, the department may appear in any judicial proceeding on behalf of the spouse and the dependent child to enforce the parties' right to support, including alimony as long as the provisions of subsection (d) of Code Section 19-11-6 are met.
  3. Any action initiated by the department pursuant to subsections (a) and (b) of this Code section shall be limited solely to the issue of support and shall exclude issues of visitation, custody, property settlement, or other similar matters otherwise joinable by the parties.
  4. The court may award reasonable attorney's fees to the prevailing party.
  5. The department may collect the legal rate of interest on any judgment obtained in any support action initiated by the department.
  6. Any action initiated by the department pursuant to subsections (a) and (b) of this Code section or in any action in which the department appears pursuant to subsections (a) and (b) of this Code section shall be limited solely to the issue of support and shall exclude issues of visitation, custody, property settlement, or other similar matters otherwise joinable by the parties.

(Ga. L. 1973, p. 192, § 17; Ga. L. 1976, p. 1537, § 15; Ga. L. 1985, p. 785, § 5; Ga. L. 1987, p. 186, § 3.)

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.


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