Department's Duty to Enforce Support of Abandoned Minor Public Assistance Recipient; Scope of Action

  1. Law
  2. Georgia Code
  3. Domestic Relations
  4. Enforcement of Duty of Support
  5. Child Support Recovery Act
  6. Department's Duty to Enforce Support of Abandoned Minor Public Assistance Recipient; Scope of Action

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  1. Whenever the department receives an application for public assistance on behalf of a child and it appears that the child has been abandoned by one or both parents or that the responsible parent has failed to provide support to the child, it is the department's responsibility to take appropriate action under this article, the child support statutes, or other appropriate state and federal statutes to assure that the responsible parent supports the child.
  2. The department shall accept applications for child support enforcement services from a custodian of a minor child who is not a recipient of public assistance and shall take appropriate action under this article, the child support statutes, or other state and federal statutes to assure that the responsible parent supports the child. The department shall provide that a reasonable application fee be charged each individual who applies for services under this subsection. The department shall enforce an order for alimony so long as child support is being collected along with alimony and all provisions of subsection (d) of Code Section 19-11-6 are met.
  3. The department shall accept applications from noncustodial parents for services as provided for in this article and federal law and regulations. The department shall provide for a reasonable application fee for a noncustodial parent who applies for services under this subsection.
  4. Any action initiated by the department pursuant to subsection (a), (b), or (c) 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.
  5. The department shall be authorized to charge the obligor a federal Deficit Reduction Act of 2005 fee of $35.00 for each case. Such fee shall only apply to an obligor when the obligee has never received public assistance payments pursuant to Title IV-A or Title IV-E of the federal Social Security Act. The department shall retain such fee and collect such fee through income withholding, as well as by any other enforcement remedy available to the entity within the department authorized to enforce a duty of support.

(Ga. L. 1973, p. 192, § 7; Ga. L. 1976, p. 1537, § 6; Ga. L. 1982, p. 1207, §§ 2, 5; Ga. L. 1983, p. 1816, § 4; Ga. L. 1984, p. 567, § 1; Ga. L. 1985, p. 785, § 6; Ga. L. 1987, p. 186, § 4; Ga. L. 2003, p. 415, § 4; Ga. L. 2007, p. 667, § 2/SB 42; Ga. L. 2017, p. 646, § 1-18/SB 137; Ga. L. 2018, p. 937, § 2-2/SB 427.)

The 2017 amendment, effective October 1, 2017, substituted the present provisions of subsection (e) for the former provisions of subsections (e) and (f), which read: "(e) The department shall be authorized to charge the obligee a federal Deficit Reduction Act of 2005 fee of $12.00 to be paid at the rate of $1.00 per month after the IV-D agency has collected $500.00 of child support annually for each case. The department shall retain such fee and deduct such fee from child support collections before disbursement to the obligee. Such fee shall only apply to an obligee who has never received public assistance payments pursuant to Title IV-A or Title IV-E of the federal Social Security Act.

"(f) The department shall be authorized to charge the obligor a federal Deficit Reduction Act of 2005 fee of $13.00 to be paid in 12 monthly installments after the IV-D agency has collected $500.00 of child support annually for each case. Such fee shall only apply to an obligor when the obligee has never received public assistance payments pursuant to Title IV-A or Title IV-E of the federal Social Security Act. The department shall retain such fee and collect such fee through income withholding, as well as by any other enforcement remedy available to the IV-D agency responsible for child support enforcement."

The 2018 amendment, effective October 1, 2018, substituted "$35.00" for "$25.00" in the first sentence of subsection (e).

OPINIONS OF THE ATTORNEY GENERAL

Application fee for support recovery services.

- No application fee for child support recovery services should be charged under O.C.G.A. § 19-11-8. 1983 Op. Att'y Gen. No. U83-67.

RESEARCH REFERENCES

Am. Jur. 2d.

- 79 Am. Jur. 2d, Welfare Laws, § 79.


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